Dristi Shrestha v. Enya Hernandez Gonzalez ( 2021 )

DISMISS and Opinion Filed June 10, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00031-CV DRISTI SHRESTHA, Appellant V. ENYA HERNANDEZ GONZALEZ, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-19-02805-E MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Chief Justice Burns This is an appeal from the trial court’s order granting appellee’s motion for summary judgment and bill of review. The order vacates an earlier judgment in favor of appellant, specifically states the merits of the underlying claims remain pending, and directs the parties to “cooperate in securing a trial date from the Court with respect to [the] underlying claims.” Because a bill of review order which sets aside a prior judgment but does not dispose of issues in the underlying case is an unappealable interlocutory order, we questioned our jurisdiction over the appeal. See Kiefer v. Touris, 197 S.W.3d 300, 302 (Tex. 2006) (per curiam). In jurisdictional briefing filed at our request, the parties do not dispute the order is not appealable.1 Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a); Keifer, 197 S.W.3d at 302. /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 210031F.P05 1 The parties note in their briefing that the trial court amended the order to permit an appeal as provided by Texas Civil Practice and Remedies Code 51.014(d), and appellant expressed an intent to file a petition for permissive appeal as required by the rules of appellate procedure when a trial court has permitted an appeal from an otherwise unappealable interlocutory order. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d); see also TEX. R. CIV. P. 168; TEX. R. APP. P. 28.3(a). On appellant’s motion, we extended the time to file a petition for permissive appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(f); TEX. R. APP. P. 28.3(d). The extension, however, was improvidently granted. –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DRISTI SHRESTHA, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-21-00031-CV V. Trial Court Cause No. CC-19-02805- E. ENYA HERNANDEZ GONZALEZ, Opinion delivered by Chief Justice Appellee Burns, Justices Molberg and Smith participating. In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Enya Hernandez Gonzalez recover her costs, if any, of this appeal from appellant Dristi Shrestha. Judgment entered June 10, 2021. –3–