Olga Lesya Sytnianska Zedrick v. Stanislav Bilder

DISMISS and Opinion Filed July 10, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01356-CV
OLGA LESYA SYTNIANSKA ZEDRICK, Appellant
V.
STANISLAV BILDER, Appellee
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-04816-2017
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Molberg
Opinion by Chief Justice Burns
Before the Court is Stanislav Bilder’s motion to dismiss the appeal. He contends this Court
lacks jurisdiction because the appealed order is not final as it does not dispose of the claim for
exemplary damages.
Generally, this Court has jurisdiction only over appeals from final judgments.
See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that
disposes of all pending parties and claims. Id. A judgment that does not dispose of a claim for
exemplary damages is not final. See In re Burlington Coat Factory Warehouse of McAllen, Inc.,
167 S.W.3d 827, 830 (Tex. 2005) (citing Houston Health Clubs, Inc. v. First Court of Appeals, 722
S.W.2d 692, 693 (Tex. 1986)).
In her original petition, Olga Lesya Sytnianska Zedrick asserted claims for assault,
intentional infliction of emotional distress, and declaratory judgment that she had the parties’ child
for the majority of the time in 2016 for tax purposes. She sought actual damages, exemplary
damages for the intentional conduct, and attorney’s fees. In her second amended petition, appellant
dropped her claims for assault and intentional infliction of emotional distress. However, she
retained her claim for exemplary damages.
Zedrick filed a motion for summary judgment. In his amended response to the motion,
Bilder stated that he had amended his 2016 tax return to remove the child as his dependent. In the
appealed order, the trial court denied Zedrick’s motion for summary judgment, denied her claim
for declaratory judgment as moot, and denied her request for attorney’s fees. The order does not
contain any finality language.
Zedrick filed a response to the motion to dismiss. Although she states she is “not inclined
to voluntarily dismiss her appeal”, she concedes that the trial court’s order on her motion for
summary judgment fails to dispose of the pending exemplary damages claim and appears to be
interlocutory. Because the trial court’s order did not dispose of all claims, we grant Bilder’s motion
and dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
181356F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
OLGA LESYA SYTNIANSKA On Appeal from the 401st Judicial District
ZEDRICK, Appellant Court, Collin County, Texas
Trial Court Cause No. 401-04816-2017.
No. 05-18-01356-CV V. Opinion delivered by Chief Justice Burns.
Justices Whitehill and Molberg
STANISLAV BILDER, Appellee participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee STANISLAV BILDER recover his costs of this appeal from
appellant OLGA LESYA SYTNIANSKA ZEDRICK.
Judgment entered July
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