CCG Commercial Construction Group LLC v. Independent Bank ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00420-CV
___________________________
CCG COMMERCIAL CONSTRUCTION GROUP LLC, Appellant/Cross-
Appellee
V.
INDEPENDENT BANK, Appellee/Cross-Appellant
On Appeal from the 393rd District Court
Denton County, Texas
Trial Court No. 19-2594-393
Before Womack, J.; Sudderth, C.J.; and Wallach, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
On November 13, 2019, appellant/cross-appellee CCG Commercial
Construction Group LLC (CCG) filed its notice of appeal. On that same day,
appellee/cross-appellant Independent Bank filed its notice of cross-appeal.
On November 21, 2019, we sent a jurisdiction letter to both parties expressing
our concern that we may not have jurisdiction over these appeals because they did not
appear to be from a final judgment or appealable interlocutory order. See Lehmann v.
Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (explaining that “the general rule, with
a few mostly statutory exceptions, is that an appeal may be taken only from a final
judgment”). In our letter, we stated that unless any party filed a response by
December 2, 2019, showing grounds for continuing the appeals, these appeals could
be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.
CCG did not respond to our jurisdiction letter. Accordingly, we dismiss CCG’s
appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
Independent Bank responded to our jurisdiction letter. We continue
Independent Bank’s appeal under a new style and new appellate cause number,
Independent Bank, Appellant v. CCG Commercial Construction Group LLC,
Appellee, No. 02-20-00003-CV, and we sever it from this appeal.
Per Curiam
Delivered: January 9, 2020
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