Shops at Broad, LLC v. Trez Shops at Broad LP, Trez Forman Capital Florida Funding, LLC, and Trez Capital (Florida) Corporation ( 2023 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-23-00167-CV
___________________________
SHOPS AT BROAD, LLC, Appellant
V.
TREZ SHOPS AT BROAD LP, TREZ FORMAN CAPITAL FLORIDA FUNDING,
LLC, AND TREZ CAPITAL (FLORIDA) CORPORATION, Appellees
On Appeal from the 236th District Court
Tarrant County, Texas
Trial Court No. 236-333903-22
Before Kerr, Birdwell, and Bassel, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
Shops at Broad, LLC attempts to appeal from the trial court’s April 11, 2023
“Order Granting Defendants/Counter-Plaintiffs/Third-Party Plaintiffs’ Motion to
Release Funds Held in the Court’s Registry.” We notified Shops at Broad of our
concern that we lacked jurisdiction over this appeal because that order did not appear
to be a final judgment or appealable interlocutory order. We warned that unless any
party to the appeal filed a response within ten days showing grounds for continuing
the appeal, we could dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 44.3. Ten days have passed, and we have received no response.
Our appellate jurisdiction is limited to appeals from final judgments and from
interlocutory orders made immediately appealable by statute. See Lehmann v. Har-Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because this order is neither and because there
is no final judgment in this case, we dismiss the appeal for want of jurisdiction.1 See
Tex. R. App. P. 42.3(a), 43.2(f); 3-T Expl., Inc. v. Greyfox Energy Partners LP, No. 2-06-
424-CV, 2007 WL 174467, at *1 (Tex. App.—Fort Worth Jan. 25, 2007, no pet.)
(mem. op.).
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Delivered: June 29, 2023
1
We deny all pending motions as moot.
2