DocketNumber： 05-21-00107-CV
Filed Date： 4/14/2021
Status： Precedential
Modified Date： 4/21/2021
Dismissed and Opinion Filed April 14, 2021 In the Court of Appeals Fifth District of Texas at Dallas No. 05-21-00107-CV TECHDEV HOLDINGS, LLC AND THE SPANGENBERG FAMILY FOUNDATION FOR THE BENEFIT OF CHILDREN’S HEALTHCARE AND EDUCATION, Appellants V. CF DYNAMIC ADVANCES LLC AND DBD CREDIT FUNDING, LLC, Appellees On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-09397 MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle This appeal challenges the trial court’s January 19, 2021 summary judgment. Appellees assert, in an unopposed March 16, 2021 motion to dismiss appeal, and the clerk’s record reflects that the challenged judgment is not final because it does not dispose of appellees’ claim for attorney’s fees, expenses, and costs. Appellees indicate in the certificate of conference that counsel for the appellants “stated that Appellees1 [sic?] stipulate to the dismissal of the appeal for lack of jurisdiction in view of [appellants’] Motion filed in the trial court.” Appellants have not filed an opposition to appellees’ motion to dismiss in this Court, see TEX. R. APP. P. 10.3 (“A court should not hear or determine a motion until 10 days after the motion was filed . . .”), and the parties have continued to litigate the fees, expenses, and costs issues in the trial court. Because an appeal may generally only be taken from a final judgment that disposes of all parties and claims, and a final judgment has not been entered in this case as of the filing of appellees’ motion, we grant the motion and dismiss the appeal. See id. 42.3(a); Lehmann v. Har-Con Corp.,39 S.W.3d 191
, 195 (Tex. 2001). /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE 210107F.P05 1 This is likely a typographical error, but in any event, we rely on appellants’ failure to correct appellees’ factual assertions that the judgment does not dispose of all parties and claims. See TEX. R. APP. P. 38.1(g). –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT TECHDEV HOLDINGS, LLC AND On Appeal from the 162nd Judicial THE SPANGENBERG FAMILY District Court, Dallas County, Texas FOUNDATION FOR THE BENEFIT Trial Court Cause No. DC-19-09397. OF CHILDREN’S HEALTHCARE Opinion delivered by Justice Carlyle, AND EDUCATION, Appellants Justices Schenck and Reichek participating. No. 05-21-00107-CV V. CF DYNAMIC ADVANCES LLC AND DBD CREDIT FUNDING, LLC, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees CF Dynamic Advances LLC and DBD Credit Funding, LLC recover their costs of this appeal from appellants TechDev Holdings, LLC and The Spangenberg Family Foundation for the Benefit of Children’s Healthcare and Education. Judgment entered this 14th day of April, 2021. –3–