Gregory Shelby v. Title Max, Inc. and Laportia Andrika Tenille Warfield Appeal from 14th Judicial District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
Dismiss and Opinion Filed September 29, 2023 In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-01365-CV GREGORY SHELBY, Appellant V. TITLE MAX, INC. AND LAPORTIA ANDRIKA TENILLE WARFIELD, Appellees On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-03640 MEMORANDUM OPINION Before Justices Carlyle, Smith, and Kennedy Opinion by Justice Carlyle This appeal challenges the trial court’s October 26, 2022 order granting appellee Title Max, Inc.’s traditional motion for summary judgment. Because the record reflected the trial court had signed a final judgment that dismissed “all causes of action” on July 7, 2022 and the summary judgment order was signed outside the court’s plenary power, it appeared the summary judgment order was void. See TEX. R. CIV. P. 329b(d), (e) (trial court’s plenary power); State ex rel. Latty v. Owens, 907 S.W.2d 484, 486 (Tex. 1995) (per curiam) (“Judicial action taken after a court’s jurisdiction over a cause has expired is a nullity.”). We informed appellant by letter that an appellate court has no jurisdiction over the merits of an appeal from a void order. See Freedom Commc’ns, Inc. v. Coronado, 372 S.W.3d 621, 624 (Tex. 2012) (per curiam). When an appeal is taken from a void order, an appellate court’s jurisdiction is limited to declaring the appealed order void and dismissing the appeal. See Latty, 907 S.W.2d at 486. Accordingly, we directed appellant to file a letter brief showing why the appeal should not be dismissed and gave appellees an opportunity to respond. Appellant filed a letter brief, but as appellee Title Max notes in its response, he failed to show why the appeal should not be dismissed, arguing instead the merits of the appeal.1 Because the appealed summary judgment order is void, we vacate the order and dismiss the appeal. See id. 221365f.p05 /Cory L. Carlyle// CORY L. CARLYLE JUSTICE 1 We note that appellant asks we “forward this case to the Federal Court” if we “do not feel” we “have jurisdiction.” We are limited to vacating the void judgment and dismissing the appeal. See Latty, 907 S.W.2d at 486. –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT GREGORY SHELBY, Appellant No. 05-22-01365-CV On Appeal from the 14th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-22-03640. Opinion delivered by Justice Carlyle, Justices Smith and Kennedy participating. V. TITLE MAX, INC. AND LAPORTIA ANDRIKA TENILLE WARFIELD, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered this 29th day of September 2023. –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
