Tito E. Marrero v. Bank of America Corporation, Sharon Middlebrooks, Sherman Roberts, Jennifer Wright, and Concept Development Corporation ( 2022 )

DISMISS and Opinion Filed December 23, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00638-CV
TITO E. MARRERO, Appellant
V.
BANK OF AMERICA, N.A., SHARON MIDDLEBROOKS,
SHERMAN ROBERTS, JENNIFER WRIGHT,
CITYWIDE COMMUNITY DEVELOPMENT CORP., AND
CONCEPT DEVELOPMENT CORP., Appellees
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-21-14549
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Pedersen, III, and Justice Garcia
Opinion by Justice Pedersen, III
Appellant appeals from the trial court’s June 9, 2022 “Order Administratively
Closing Case” pursuant to the automatic stay in section 362 of the Bankruptcy Code.
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) (final judgment is one that disposes of all parties and claims); TEX. CIV.
PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders).
Because the appealed order did not appear to be a final judgment or appealable
interlocutory order, we questioned our jurisdiction over this appeal, directed
appellant to file a letter brief addressing the jurisdictional issue, and cautioned him
that failure to do so may result in dismissal of the appeal without further notice. As
of today’s date, appellant has not complied and the time to do so has passed.
An order administratively closing a case pursuant to the automatic stay under
the Bankruptcy Code is not a final judgment and there is no statutory authority
permitting an interlocutory appeal of such an order. Accordingly, we dismiss the
appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
220638f.p05 /Bill Pedersen, III//
BILL PEDERSEN, III
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TITO E. MARRERO, Appellant On Appeal from the 193rd Judicial
District Court, Dallas County, Texas
No. 05-22-00638-CV V. Trial Court Cause No. DC-21-14549.
Opinion delivered by Justice
BANK OF AMERICA, N.A., Pedersen, III. Chief Justice Burns and
SHARON MIDDLEBROOKS, Justice Garcia participating.
SHERMAN ROBERTS, JENNIFER
WRIGHT, CITYWIDE
COMMUNITY DEVELOPMENT
CORP., AND CONCEPT
DEVELOPMENT CORP., Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees BANK OF AMERICA, N.A., SHARON
MIDDLEBROOKS, SHERMAN ROBERTS, JENNIFER WRIGHT, CITYWIDE
COMMUNITY DEVELOPMENT CORP., AND CONCEPT DEVELOPMENT
CORP. recover their costs of this appeal from appellant TITO E. MARRERO.
Judgment entered this 23rd day of December, 2022.
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