Henry Mishkoff v. Sonia Bryant ( 2023 )

Dismiss and Opinion Filed June 14, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01173-CV
HENRY MISHKOFF, Appellant
V.
SONIA BRYANT, Appellee
On Appeal from the 471st Judicial District Court
Collin County, Texas
Trial Court Cause No. 471-01040-2022
MEMORANDUM OPINION
Before Justices Nowell, Goldstein, and Breedlove
Opinion by Justice Nowell
We questioned our jurisdiction over this appeal from the trial court’s October
4, 2022 summary judgment order as the order did not appear to be appealable. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) (when, as here,
judgment does not follow conventional trial on merits, judgment is appealable if it
actually disposes of every pending claim and party or “clearly and unequivocally”
states it finally disposes of all claims and parties). As reflected in the record, the
parties asserted claims against each other. The order disposed of appellant’s claim
against appellee but did not dispose of appellee’s counterclaim against appellant or
contain language indicating it finally disposed of all claims and parties. See id.Additionally, nothing in the record before us reflected the counterclaim had
otherwise been disposed.
In jurisdictional briefing filed at our request, appellant does not dispute
appellee’s counterclaim remains pending. Accordingly, on the record before us, we
dismiss the appeal for want of jurisdiction. See id.; see also TEX. R. APP. P. 42.3(a).
221173f.p05 /Erin A. Nowell//
ERIN A. NOWELL
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
HENRY MISHKOFF, Appellant On Appeal from the 471st Judicial
District Court, Collin County, Texas
No. 05-22-01173-CV V. Trial Court Cause No. 471-01040-
2022.
SONIA BRYANT, Appellee Opinion delivered by Justice Nowell,
Justices Goldstein and Breedlove
participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Sonia Bryant recover her costs, if any, of this
appeal from appellant Henry Mishkoff.
Judgment entered this 14th day of June, 2023.
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