Sam C. Tamborello v. Town of Highland Park, Texas ( 2021 )

DISMISS and Opinion Filed April 20, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00755-CV
SAM C. TAMBORELLO, Appellant
V.
TOWN OF HIGHLAND PARK, TEXAS, Appellee
On Appeal from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-06613
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Goldstein, and Justice Smith
Opinion by Chief Justice Burns
Under Texas law, an appeal may be taken from a final judgment that disposes
of all parties and claims or an interlocutory order as permitted by statute. See Jack
B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). The appeal here
challenges the trial court’s order denying appellant’s motion to reconsider the
dismissal of his claims against appellee. As reflected in the record, the underlying
suit was filed by appellant against appellee and several other parties. The claims
against appellee were dismissed pursuant to Texas Rule of Civil Procedure 91a, but
they were not severed from the remaining claims. See TEX. R. CIV. P. 91a
(authorizing dismissal of baseless causes of action); Aviation Composite Techs., Inc.
v. CLB Corp., 131 S.W3d 181, 187 n.5 (Tex. App.—Fort Worth 2004, no pet.) (“[A]
trial court may sever dismissed claims from remaining claims in order to render an
otherwise interlocutory judgment final and appealable.”).
Because the appealed order did not dispose of all parties and claims and no
statute authorizes an appeal from an interlocutory order granting a rule 91a motion
to dismiss, we questioned our jurisdiction over the appeal. See In re Farmers Tex.
Cty. Mut. Ins. Co., 604 S.W.3d 421, 429 (Tex. App.—San Antonio 2019, orig.
proceeding). Although we directed appellant to file a letter brief addressing our
concern and cautioned that failure to do so by March 5, 2021 could result in dismissal
of the appeal without further notice, appellant failed to comply. Accordingly, as the
record before us does not demonstrate our jurisdiction, we dismiss the appeal. See
TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
200755F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SAM C. TAMBORELLO, Appellant On Appeal from the 160th Judicial
District Court, Dallas County, Texas
No. 05-20-00755-CV V. Trial Court Cause No. DC-19-06613.
Opinion delivered by Chief Justice
TOWN OF HIGHLAND PARK, Burns, Justices Goldstein and Smith
TEXAS, Appellee participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Town of Highland Park, Texas recover its costs, if
any, of this appeal from appellant Sam C. Tamborello.
Judgment entered April 20, 2021.
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