Cristin E. Padget v. David Trowbridge ( 2022 )

DISMISS and Opinion Filed November 16, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01126-CV
CRISTIN E. PADGET, Appellant
V.
DAVID TROWBRIDGE, STEPHEN HOWARD, MIRNA BALOUL,
MARC GILPIN, LARRY MCNUTT, SPACEE, INC., AND
BUNNINGS GROUP LIMITED, Appellees
On Appeal from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-08337
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
This Court questioned its jurisdiction over this appeal because there did not
appear to be a final judgment or appealable interlocutory order. We directed
appellant to file, by November 3, 2022, a letter brief addressing the jurisdictional
issue and cautioned her that failure to do so 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 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 asserted claims against seven defendants. One of the defendants,
Spacee, Inc., asserted a counterclaim against appellant. Appellant appeals from the
trial court’s September 19, 2022 order granting a motion to dismiss filed by six of
the seven defendants. Because appellant’s claims against the non-moving defendant
and a counterclaim remain pending, there is no final judgment and this Court lacks
jurisdiction over the appeal. See Lehmann, 39 S.W.3d at 195.
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
221126F.P05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CRISTIN E. PADGET, Appellant On Appeal from the 192nd Judicial
District Court, Dallas County, Texas
No. 05-22-01126-CV V. Trial Court Cause No. DC-22-08337.
Opinion delivered by Chief Justice
DAVID TROWBRIDGE, STEPHEN Burns. Justices Molberg and
HOWARD, MIRNA BALOUL, Goldstein participating.
MARC GILPIN, LARRY MCNUTT,
SPACEE, INC., AND
BUNNINGS GROUP LIMITED,
Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees DAVID TROWBRIDGE, STEPHEN
HOWARD, MIRNA BALOUL, MARC GILPIN, LARRY MCNUTT, SPACEE,
INC., AND BUNNINGS GROUP LIMITED recover their costs of this appeal from
appellant CRISTIN E. PADGET.
Judgment entered November 16, 2022
–3–