sharon-gast-v-craig-tinsley-tiffany-tinsley-craig-tinsley-trustee ( 2015 )

DISMISS and Opinion Filed November 24, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00498-CV
SHARON GAST, Appellant
V.
CRAIG TINSLEY, TIFFANY TINSLEY, CRAIG TINSLEY “TRUSTEE”,
4308 SPRING HILL ESTATES “TRUST”, CTT LAND TRUST,
GAYLENE ROGERS LONERGAN, THE LONERGAN LAW FIRM PLLC,
DHLC MORTGAGE LLC, ROBERT BARNEY, INDIVIDUALLY, AND
CAPITOL TITLE OF TEXAS, LLC, Appellees
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-02870-2014
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright
In an order dated October 23, 2015, the Court questioned its jurisdiction over the appeal
because there does not appear to be a final judgment. We instructed appellant to file, by
November 2, 2015, a letter brief addressing our jurisdictional concern and gave appellees an
opportunity to respond. We cautioned appellant that failure to file a jurisdictional brief by the
specified date may result in dismissal of the appeal without further notice. Appellant did not file
a response.
This Court has jurisdiction only over appeals from final judgments and those
interlocutory orders specifically authorized by statute. See Lehmann v. Har-Con Corp., 39
S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all parties and all claims.
See id.
Appellant is appealing the trial court’s April 16, 2015 order granting a motion for
summary judgment that was filed by four of more than ten defendants. In the judgment, the trial
court ordered that appellant take nothing on her claims against the four movant defendants.
Appellant’s claims against the other defendants remain pending.
Because claims remain pending in the trial court, the judgment is not final and this Court
lacks jurisdiction over the appeal. Accordingly, we dismiss the appeal. See TEX. R. APP. P.
42.3(a).
150498F.P05
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SHARON GAST, Appellant On Appeal from the 429th Judicial District
Court, Collin County, Texas.
No. 05-15-00498-CV V. Trial Court Cause No. 429-02870-2014.
Opinion delivered by Chief Justice Wright.
CRAIG TINSLEY, TIFFANY TINSLEY, Justices Lang-Miers and Stoddart
CRAIG TINSLEY “TRUSTEE”, 4308 participating.
SPRING HILL ESTATES “TRUST”, CTT
LAND TRUST, GAYLENE ROGERS
LONERGAN, THE LONERGAN LAW
FIRM PLLC, DHLC MORTGAGE LLC,
ROBERT BARNEY, INDIVIDUALLY, and
CAPITOL TITLE OF TEXAS, LLC,
Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees CRAIG TINSLEY, TIFFANY TINSLEY, CRAIG
TINSLEY “TRUSTEE”, 4308 SPRING HILL ESTATES “TRUST”, CTT LAND TRUST,
GAYLENE ROGERS LONERGAN, THE LONERGAN LAW FIRM PLLC, DHLC
MORTGAGE LLC, ROBERT BARNEY, INDIVIDUALLY, and CAPITOL TITLE OF
TEXAS, LLC recover their costs of this appeal from appellant SHARON GAST.
Judgment entered November 24, 2015.
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