Rabih Milan v. David Paul Healy ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00084-CV
RABIH MILAN APPELLANT
V.
DAVID PAUL HEALY APPELLEE
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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY
TRIAL COURT NO. 2013-002286-1
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MEMORANDUM OPINION1
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On December 22, 2014, the trial court granted summary judgment for
appellee David Paul Healy against Wahid Yammine and pro se appellant Rabih
Milan but not the other two defendants in the case. The December 22, 2014
order also reflected that Healy was entitled to his costs and reasonable and
1
See Tex. R. App. P. 47.4.
necessary attorney’s fees, which the trial court indicated would be “determined at
a later hearing.”
After Milan filed a notice of appeal of the December 22, 2014 order, we
notified him of our concern that we lacked jurisdiction over the appeal because
the order did not appear to be final or to be an appealable interlocutory order.
See Tex. R. App. P. 42.3(a); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195
(Tex. 2001). We informed Milan that his appeal was subject to dismissal for want
of jurisdiction unless he or any party desiring to continue the appeal filed with the
court a response showing grounds for continuing the appeal. Milan filed a
response but it does not show grounds for continuing the appeal, and the clerk of
this court has verified that the hearing on attorney’s fees has not yet been set
and all parties remain pending before the trial court. Therefore, we dismiss the
appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
/s/ Bonnie Sudderth
BONNIE SUDDERTH
JUSTICE
PANEL: LIVINGSTON, C.J.; DAUPHINOT AND SUDDERTH, JJ.
DELIVERED: May 7, 2015
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