Mark Little v. the Swan Asbestos and Silica Settlement Trust ( 2016 )

DISMISS and Opinion Filed December 9, 2016
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00956-CV
MARK LITTLE, Appellant
V.
THE SWAN ASBESTOS AND SILICA SETTLEMENT TRUST, Appellee
On Appeal from the 196th Judicial District Court
Hunt County, Texas
Trial Court Cause No. 83004
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
By letter dated November 7, 2016, the Court questioned its jurisdiction over this appeal
because there does not appear to be a final judgment. We instructed appellant to file, by
November 17, 2016, a letter brief addressing the jurisdictional issue. We cautioned appellant
that failure to file a jurisdictional brief by the date specified may result in dismissal of the appeal
without further notice. As of today’s date, appellant has not filed a response.
Generally, this Court has jurisdiction only over appeals from final judgments and certain
interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,
195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id.
Appellee filed a petition for declaratory judgment. Appellant filed an application for
attorney’s fees. The record before this Court contains only an order denying appellant’s
application for attorney’s fees and the notice of appeal pertains to that order. Appellee’s claim
for declaratory judgment remains pending.
Because the judgment is not final, this Court lacks jurisdiction. See Lehmann, 39 S.W.3d
at 195. We dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
160956F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARK LITTLE, Appellant On Appeal from the 196th Judicial District
Court, Hunt County, Texas
No. 05-16-00956-CV V. Trial Court Cause No. 83004.
Opinion delivered by Chief Justice Wright.
THE SWAN ASBESTOS AND SILICA Justices Lang-Miers and Stoddart
SETTLEMENT TRUST, Appellee participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee THE SWAN ASBESTOS AND SILICA SETTLEMENT
TRUST recover its costs of this appeal from appellant MARK LITTLE.
Judgment entered December 9, 2016.
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