Terrence Swanson v. Dallas County ( 2022 )

DISMISSED and Opinion Filed November 30, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00773-CV
TERRENCE SWANSON, Appellant
V.
DALLAS COUNTY, ET AL., Appellees
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. TX-20-00397
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Nowell, and Justice Smith
Opinion by Justice Smith
This is an appeal from the trial court’s order granting appellees’ motion for
summary judgment. In a September 30, 2022 letter, the Court notified appellant that,
subject to mostly statutory exceptions, an appeal may be taken only from a final
judgment that disposes of all parties and claims. See Lehmann v. Har-Con Corp., 39
S.W.3d 191, 195 (Tex. 2001). The summary judgment granted the appellees’ request
for collection of delinquent ad valorem taxes for the years 2019 and 2021. However,
the summary judgment did not dispose of appellees’ request for foreclosure of their
liens, an order of sale, or attorney’s fees, and no other order appeared to dispose of
those claims. Thus, the summary judgment did not appear appealable. See Id.Therefore, in order to determine jurisdiction, the Court requested that
appellant file a letter addressing the Court’s concern by October 10, 2022, or else
risk dismissal of the appeal. To date, appellant has failed to file the requested letter
brief. Accordingly, on the record before us, we dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a),(c).
/Craig Smith/
CRAIG SMITH
JUSTICE
220773F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TERRANCE SWANSON, Appellant On Appeal from the 44th District
Court, Dallas County, Texas
No. 05-22-00774-CV V. Trial Court Cause No. TX-20-00397.
Opinion delivered by Justice Smith.
DALLAS COUNTY, PARKLAND Chief Justice Burns and Justice
HOSPITAL DISTRICT, DALLAS Nowell participating.
COUNTY COMMUNITY
COLLEGE DISTRICT, DALLAS
COUNTY SCHOOL
EQUALIZATION FUND, DALLAS
INDEPENDENT SCHOOL
DISTRICT AND CITY OF
DALLAS, Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered November 30, 2022.
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