Lidia Silva v. Michael Quintanilla ( 2021 )

DISMISS and Opinion Filed October 19, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00366-CV
LIDIA SILVA, Appellant
V.
MICHAEL QUINTANILLA, Appellee
On Appeal from the 471st Judicial District Court
Collin County, Texas
Trial Court Cause No. 471-02505-2019
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
We questioned our jurisdiction over this appeal as there does not appear to be
a final judgment. We directed appellant to file, by September 10, 2021, a letter brief
addressing our concern and cautioned her that failure to comply may result in
dismissal of the appeal. As of today’s date, appellant has not complied.
Generally, this Court has jurisdiction over final judgments and certain
interlocutory orders as permitted by statute. See Lehmann v. Har–Con Corp., 39
S.W.3d 191, 195 (Tex. 2001); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)
(listing appealable interlocutory orders).
Appellant appeals from the trial court’s order granting plaintiff’s motion for
summary judgment. In that order, the trial court orders the parties “to set a hearing
on partition of the property and for prove up of Plaintiff’s attorneys’ fees and costs.”
Because matters remain to be resolved, the judgment is not final. Accordingly, we
dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
210366F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LIDIA SILVA, Appellant On Appeal from the 471st Judicial
District Court, Collin County, Texas
No. 05-21-00366-CV V. Trial Court Cause No. 471-02505-
2019.
MICHAEL QUINTANILLA, Opinion delivered by Chief Justice
Appellee Burns. Justices Molberg and
Goldstein participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee MICHAEL QUINTANILLA recover his costs
of this appeal from appellant LIDIA SILVA.
Judgment entered October 19, 2021.
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