Sarah Catherine Norris Alford and WMC Vista Holdings, LLC v. JP-8 Comm, LLC, JP-25 Washington, LLC, JP-44 Mont, LLC, JP-60 Mont, LLC, JP-601 Court, LLC, JP-Benham, LLC, JP-Decatur, LLC, JP-Goodlett, LLC ( 2022 )


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  • DISMISS and Opinion Filed November 16, 2022
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-22-00907-CV
    SARAH CATHERINE NORRIS ALFORD AND
    WMC VISTA HOLDINGS, LLC, Appellants
    V.
    JP-8 COMM, LLC, ET AL., Appellees
    On Appeal from the 429th Judicial District Court
    Collin County, Texas
    Trial Court Cause No. 429-03896-2021
    MEMORANDUM OPINION
    Before Chief Justice Burns and Justices Molberg and Pedersen, III
    Opinion by Chief Justice Burns
    This appeal from the trial court’s interlocutory summary judgment was filed
    in anticipation of the trial court granting permission to appeal the otherwise
    unappealable order. See Jack B. Anglin Co., Inc. v. Tipps, 
    842 S.W.2d 266
    , 272
    (Tex. 1992) (appeal may be taken only from final judgment that disposes of all issues
    between parties or interlocutory order authorized by statute); TEX. R. CIV. P. 168
    (authorizing trial court to permit appeal from interlocutory order not otherwise
    appealable); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (authorizing
    permissive appeal if certain requirements are met). Because a permissive appeal is
    commenced by petition filed after the trial court grants permission, see TEX. R. APP.
    P. 28.3(a), we ordered appellants to show cause why this appeal should not be
    dismissed for want of jurisdiction. More than ten days have passed since our show
    cause order and appellants have not responded. Accordingly, we dismiss the appeal.
    See id. 42.3(a).
    /Robert D. Burns, III/
    ROBERT D. BURNS
    CHIEF JUSTICE
    220907F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    SARAH CATHERINE NORRIS                       On Appeal from the 429th Judicial
    ALFORD AND WMC VISTA                         District Court, Collin County, Texas
    HOLDINGS, LLC, Appellants                    Trial Court Cause No. 429-03896-
    2021.
    No. 05-22-00907-CV          V.               Opinion delivered by Chief Justice
    Burns, Justices Molberg and
    JP-8 COMM, LLC, JP-25                        Pedersen, III participating.
    WASHINGTON, LLC, JP-44
    MONT, LLC, JP-60 MONT, LLC,
    JP-601 COURT, LLC, JP-BERHAM,
    LLC, JP-DECATUR, LLC, JP-
    GOODLETT, LLC, JP-CB, LLC,
    AND LIBERTY BANKERS LIFE
    INSURANCE COMPANY,
    Appellees
    In accordance with this Court’s opinion of this date, we DISMISS the appeal.
    We ORDER that appellees JP-8 Comm, LLC, JP-25 Washington, LLC, JP-
    44 Mont, LLC, JP-60 Mont, LLC, JP-601 Court, LLC, JP-Berham, LLC, JP-Decatur,
    LLC, JP-Goodlett, LLC, JP-CB, LLC, and Liberty Bankers Life Insurance Company
    recover their costs, if any, of this appeal from appellants Sarah Catherine Norris
    Alford and WMC Vista Holdings, LLC.
    Judgment entered this 16th day of November 2022.
    –3–
    

Document Info

Docket Number: 05-22-00907-CV

Filed Date: 11/16/2022

Precedential Status: Precedential

Modified Date: 11/23/2022