Estate of Robert Wayne White ( 2019 )

DISMISS and Opinion Filed February 22, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01093-CV
ESTATE OF ROBERT WAYNE WHITE, DECEASED
On Appeal from the Probate Court No. 3
Dallas County, Texas
Trial Court Cause No. PR-17-03062-3
MEMORANDUM OPINION
Before Justices Whitehill, Molberg, and Reichek
Opinion by Justice Whitehill
We questioned our jurisdiction over this appeal as it appeared the challenged summary
judgment orders neither disposed of all parties and claims nor fell within the group of appealable
interlocutory orders. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); State Fair
of Tex. v. Iron Mountain Info. Mgmt., Inc., 299 S.W.3d 261, 262-63 n.2 (Tex. App.—Dallas 2009,
no pet.). We instructed appellant to file a letter brief addressing the Court’s concern, but appellant
failed to comply.
Generally, this Court has jurisdiction only over appeals from final judgments. See
Lehmann, 39 S.W.3d at 195. A final judgment is one that disposes of all pending parties and claims.
Id.
The record here reflects appellant filed suit against Charlotte Carmack, Kay Suell aka Kilfa
Lajuan Jacobs Suell d/b/a Keeping Dignity, Jovan L. Aniagu, Annelle R. White, Individually and
as Independent Executor of the Estate of Robert W. White, and Kelly White. The appealed orders
dispose of appellant’s claims against Carmack, Aniagu, and the Whites. They do not, however,
dispose of appellant’s claims against Suell, and nothing in the record reflects these claims have
otherwise been resolved.
Because claims remain pending in the trial court, this Court lacks jurisdiction over this
appeal. See id. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P.
42.3(a).
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
181093F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ESTATE OF ROBERT WAYNE WHITE, On Appeal from the Probate Court No. 3,
DECEASED Dallas County, Texas
Trial Court Cause No. PR-17-03062-3.
No. 05-18-01093-CV Opinion delivered by Justice Whitehill,
Justices Molberg and Reichek participating.
In accordance with this Court’s opinion of this date, this appeal is DISMISSED.
It is ORDERED that Charlotte M. Carmack, Jovan L. Aniagu, Annelle R. White, and Kelly
White recover their costs, if any, of this appeal from appellant Park Cities Healthcare LLC.
Judgment entered February 22, 2019.
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