Ali, Qaim v. Classic Star Group, L.P. ( 2012 )

DISIYIISS; Opinion tiled September 20. 2012
In The
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No. 05-12-00910-CV
QAIM AL!, Appellant
V.
CLASSIC STAR GROUP, L.P., Appellee
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-10-06770
MEMORANDUM OPINION
Before Justices Morris, Francis, and Murphy
Opinion By Justice Morris
By letter dated July 31, 2012, the Court questioned its jurisdiction over the appeal.
Specifically, we questioned whether the judgment was final. We instructed appellant to file, within
ten days. a jurisdictional brief explaining how this Court has jurisdiction over the appeal and gave
appellee an opportunity to respond. We cautioned appellant that failure to file a jurisdictional brief
may result in dismissal of the appeal without further notice. As of today’s date, appellant has not
filed a jurisdictional brief.
Generally, appeals may be taken only from final judgments. See Lehmann v. HarCon Coip.
39 S.W.3d 191. 195 (Tex. 2001). Ajudgment is final if it disposes of all pending parties and claims.
Id. Orders that do not dispose of all pending parties and claims are interlocutory and, subject to a
lew exceptions, unappealable until a final judgment is rendered. id.
Appellee asserted claims against appellant and Flasan Merchant. Appellant is appealing the
trial court’s order granting summary judgment signed on March 6, 2012. In that order, the trial court
granted appel lee’s motion lr summary judgment with respect to appellant only. Appel lee’s claims
against Hasan Merchant remain pending and, thus, there is no appealable final judgment.
Accordingly, we dismiss the appeal for want ofjurisdiction. See TEx. R. App. P. 42.3(a).
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JOSEP1-l B MORRIS
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JUDGMENT
QAIM ALL Appellant Appeal from the 1 62nd Judicial District Court
of Dallas County. Texas. (TrCt.No. DC-b
No. 05-12009l0-CV V. 06770).
Opinion delivered h Justice Morris. Justices
CLASSIC STAR GROUP, LP.. /\ppellee Francis and M urphy. participating.
Based on the Courts opinion of this date, the appeal is DISMISSEI).
it is ORDERED that appellee, Classic Star Group, L.P., recover its costs of the appeal from
appellant, Qaim Au.
Judgment entered September 20. 201 2.
IOSUPH B MORRIS
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