Rodney B. Allen v. PR Genesis Katy LP D/B/A the Katy Victory Park ( 2023 )

DISMISS and Opinion Filed August 30, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00596-CV
RODNEY B. ALLEN, Appellant
V.
PR GENESIS KATY LP D/B/A THE KATY VICTORY PARK,
MANDY ZAPATA A/K/A AMANDA ZAPATA, LINDSEY NEFF,
GUGV VICTORY PARK DALLAS PROPERTY OWNING LLC,
SHERI FANOUS, LAUREN BROWN, PHILLIP HARDAWAY,
I & G DIRECT REAL ESTATE 44, LP, GEE FERRARRI,
MICHAEL HUNT, APRIL DEMPSEY, AND RACHEL COLE, Appellees
On Appeal from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-21-17509
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein
Opinion by Chief Justice Burns
The Court questioned its jurisdiction over this appeal because there did not
appear to be a final judgment or appealable interlocutory order. See Lehmann v.
Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (generally appellate courts have
jurisdiction over final judgments and certain interlocutory orders as permitted by
statute); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing
appealable interlocutory orders). A final judgment is one that disposes of all parties
and claims. See Lehmann, 39 S.W.3d at 195. We directed appellant to file a letter
brief addressing the jurisdictional issue.
Appellant appeals from the trial court’s June 2, 2023 order granting
summary judgment for some but not all of the defendants. Appellant’s claims
against the non-moving defendants remain pending. In his jurisdictional brief,
appellant appears to acknowledge the order is not appealable by stating that he
filed the notice of appeal “reserving his rights to appeal the Judge’s decision at the
appropriate time.” 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).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
230596F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RODNEY B. ALLEN, Appellant On Appeal from the 298th Judicial
District Court, Dallas County, Texas
No. 05-23-00596-CV V. Trial Court Cause No. DC-21-17509.
Opinion delivered by Chief Justice
PR GENESIS KATY LP D/B/A THE Burns. Justices Pedersen, III and
KATY VICTORY PARK, Goldstein participating.
MANDY ZAPATA A/K/A
AMANDA ZAPATA, LINDSEY
NEFF, GUGV VICTORY PARK
DALLAS PROPERTY OWNING
LLC, SHERI FANOUS, LAUREN
BROWN, PHILLIP HARDAWAY,
I & G DIRECT REAL ESTATE 44,
LP, GEE FERRARRI, MICHAEL
HUNT, APRIL DEMPSEY, AND
RACHEL COLE, Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered August 30, 2023
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