Roger Reynolds v. Charles Brewer ( 2022 )

Dismiss and Opinion Filed December 20, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01081-CV
ROGER AND LYNNE REYNOLDS, Appellants
V.
CHARLES BREWER, JANE FOSTER AND TWELVE FIVE HUNDRED
PRESTON OWNERS ASSOCIATION, INC., Appellees
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-06001
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Reichek
Opinion by Justice Molberg
This appeal follows the trial court’s orders granting appellees Charles
Brewer’s and Jane Foster’s motions for summary judgment on appellants’ claims
against them. Because appellants also asserted claims against Twelve Five Hundred
Preston Owners Association, Inc. (“HOA”) and no order appeared to dispose of these
claims, we questioned our jurisdiction over the appeal. See Lehmann v. Har-Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions,
appeal may only be taken once all parties and claims have been determined). In a
letter brief filed at our direction, appellants agree no order has been signed disposing
of the claims against the HOA. Accordingly, because claims remain pending, we
dismiss the appeal. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195.
/Ken Molberg//
221081f.p05 KEN MOLBERG
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ROGER AND LYNNE On Appeal from the 44th Judicial
REYNOLDS, Appellants District Court, Dallas County, Texas
Trial Court Cause No. DC-20-06001.
No. 05-22-01081-CV V. Opinion delivered by Justice
Molberg, Chief Justice Burns and
CHARLES BREWER, JANE Justice Reichek participating.
FOSTER AND TWELVE FIVE
HUNDRED PRESTON OWNERS
ASSOCIATION, INC., Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellees Charles Brewer, Jane Foster and Twelve Five
Hundred Preston Owners Association, Inc. recover their costs, if any, of this appeal
from appellants Roger and Lynne Reynolds.
Judgment entered this 20th day of December 2022.
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