Tansah Jenae Adams v. Bank of America, N.A.

DISMISS and Opinion Filed April 20, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-01069-CV
TANSAH JENAE ADAMS, Appellant
V.
BANK OF AMERICA, N.A., Appellee
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-09833
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Smith
Opinion by Chief Justice Burns
We questioned our jurisdiction over this appeal from the trial court’s order
granting appellee’s motion for summary judgment and dismissing appellant’s breach
of contract claim as it did not appear to be final and appealable. See Lehmann v.
Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory
exceptions, appeal may be taken only from final judgment that disposes of all parties
and claims). The record reflected that appellant originally filed suit for breach of
contract, but after appellee moved for summary judgment, appellant added a claim
for fraudulent misrepresentation. Appellee did not amend or supplement its motion
for summary judgment, and the trial court’s order specifically stated only the breach
of contract claim was being dismissed.
In letter briefing filed at our request, appellant notes the record reflects the
trial date set for August 24, 2021 has been canceled and the case has been closed.
She argues that “[c]losing an entire case can only be interpreted as the case and all
claims being disposed.” However, while the record may help clarify whether an
order is final when the order is vague, it does not when, as here, the order “clearly
and unequivocally” states it does not dispose of all claims. See Lehmann, 39 S.W.3d
at 205-06.
Because the appealed order is not final, we dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
201069F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TANSAH JENAE ADAMS, On Appeal from the 162nd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. DC-20-09833.
No. 05-20-01069-CV V. Opinion delivered by Chief Justice
Burns, Justices Molberg and Smith
BANK OF AMERICA, N.A., participating.
Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Bank of America, N.A. recover its costs, if any, of
this appeal from appellant Tansah Jenae Adams.
Judgment entered April 20, 2021.
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