Cole & Cole, P.C. v. Sean Dyar

DISMISS; and Opinion Filed August 5, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00403-CV
COLE & COLE, P.C. AND ROBERT COLE, JR., Appellants
V.
SEAN DYAR, Appellee
On Appeal from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-04261
MEMORANDUM OPINION
Before Justices Whitehill, Molberg, and Nowell
Opinion by Justice Molberg
Seeking to appeal the trial court’s interlocutory order denying their appeal of the associate
judge’s order granting Sean Dyar’s motion to set aside a default judgment, Cole & Cole, P.C. and
Robert Cole, Jr. have filed a petition for permissive interlocutory appeal. We deny the petition
and dismiss the appeal for want of jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §
51.014(d); TEX. R. APP. P. 28.3, 42.3(a).
/Ken Molberg/
KEN MOLBERG
JUSTICE
WHITEHILL, J., dissenting without opinion.
190403F.P05
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
COLE & COLE, P.C. AND ROBERT On Appeal from the 160th Judicial District
COLE, JR., Appellants Court, Dallas County, Texas
Trial Court Cause No. DC-18-04261.
No. 05-19-00403-CV V. Opinion delivered by Justice Molberg,
Justices Whitehill and Nowell participating.
SEAN DYAR, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Sean Dyar recover his costs, if any, of this appeal from
appellants Cole & Cole, P.C. and Robert Cole, Jr.
Judgment entered this 5th day of August, 2019.
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