Karesha Daniels & All Other Occupants v. SS Cottages LLC DBA Scotch Creek A/K/A the District at Cypress Waters ( 2022 )

DISMISS and Opinion Filed February 9, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00759-CV
KARESHA DANIELS & ALL OTHER OCCUPANTS, Appellant
V.
SS COTTAGES LLC DBA SCOTCH CREEK A/K/A THE DISTRICT AT
CYPRESS WATERS, Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-21-00582-B
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Partida-Kipness
Opinion by Justice Partida-Kipness
It is well-settled that, to be appealable, a judgment must dispose of all parties
and claims and define the parties’ rights with certainty. See Hinde v. Hinde, 701
S.W.2d 637, 639 (Tex. 1985) (per curiam). The challenged judgment in this appeal
awards, in part, appellate attorney’s fees to appellee but does not state the amount
awarded. Because the judgment does not define appellee’s rights with certainty, we
questioned our jurisdiction over the appeal and directed appellant to file a letter brief
addressing our concern. See Chado v. PNL Blackacre, L.P., 05-04-00312-CV,
2005WL 428824, *1 (Tex. App.—Dallas Feb. 24, 2005, no pet.) (mem. op.)
(judgment that failed to specify amount of appellate fees awarded not definite).
Although we cautioned appellant that failure to comply within ten days could result
in dismissal of the appeal without further notice, more than ten days have passed and
appellant has not complied. Accordingly, on the record before us, we dismiss the
appeal. See Hinde, 701 S.W.2d at 639; Chado, 2005 WL 428824, *1.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
210759F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KARESHA DANIELS & ALL On Appeal from the County Court at
OTHER OCCUPANTS, Appellant Law No. 2, Dallas County, Texas
Trial Court Cause No. CC-21-00582-
No. 05-21-00759-CV V. B.
Opinion delivered by Justice Partida-
SS COTTAGES LLC DBA Kipness, Justices Schenck and
SCOTCH CREEK A/K/A THE Osborne participating.
DISTRICT AT CYPRESS
WATERS, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered February 9, 2022.
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