Celia D. Miskevitch v. 7-Eleven, Inc. ( 2016 )

DISMISS and Opinion Filed October 5, 2016.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00914-CV
CELIA D. MISKEVITCH, Appellant
V.
7-ELEVEN, INC., Appellee
On Appeal from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-00611
MEMORANDUM OPINION
Before Justices Lang, Myers, and Evans
Opinion by Justice Lang
By letter, the Court questioned its jurisdiction over this appeal because it appeared
appellee’s counterclaim for attorney’s fees remained pending. See Lehmann v. Har-Con Corp.,
39 S.W.3d 191, 195 (Tex. 2001). We gave the parties an opportunity to address our concern.
Both parties filed responses agreeing with this Court’s assessment that the judgment is not final.
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
160914F.P05 /Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CELIA D. MISKEVITCH, Appellant On Appeal from the 298th Judicial District
Court, Dallas County, Texas
No. 05-16-00914-CV V. Trial Court Cause No. DC-15-00611.
Opinion delivered by Justice Lang. Justices
7-ELEVEN, INC., Appellee Myers and Evans participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee 7-ELEVEN, INC. recover its costs of this appeal from
appellant CELIA D. MISKEVITCH.
Judgment entered this 5th day of October, 2016.
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