Marla Nunally Kaufman Homes, LLC v. JNG Properties, LLC ( 2022 )

DISMISS and Opinion Filed January 21, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00454-CV
MARLA NUNALLY KAUFMAN HOMES, LLC, Appellant
V.
JNG PROPERTIES, LLC, DOROTHY VALIENTE, AND
NET WORTH REALTY OF DALLAS/FORT WORTH LLC, Appellees
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-16630
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Smith
Opinion by Chief Justice Burns
The Court questioned its jurisdiction over this appeal because there did not
appear to be a final judgment or other appealable 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); TEX.
CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders).
We directed appellant to file a letter brief addressing the jurisdictional issue with an
opportunity for appellees to respond. We cautioned appellant that failure to comply
may result in dismissal of the appeal without further notice. Appellant did not file a
letter brief as directed.
Appellant sued three defendants, JNG Properties, LLC, Net Worth Realty of
Dallas/Fort Worth LLC, and Dorothy Valiente. Defendants Net Worth Realty and
Valiente each moved for summary judgment and the trial court signed an order
granting the motions. Appellant appeals that order. That order, however, fails to
dispose of appellant’s claims against JNG Properties. Because appellant’s claims
against JNG Properties remain pending, there is no final judgment and this Court
lacks jurisdiction over the appeal. See Lehmann, 39 S.W.3d at 195.
We dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
210454F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARLA NUNALLY KAUFMAN On Appeal from the 44th Judicial
HOMES, LLC, Appellant District Court, Dallas County, Texas
Trial Court Cause No. DC-19-16630.
No. 05-21-00454-CV V. Opinion delivered by Chief Justice
Burns. Justices Molberg and Smith
JNG PROPERTIES, LLC, participating.
DOROTHY VALIENTE, AND NET
WORTH REALTY OF
DALLAS/FORT WORTH LLC,
Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees JNG PROPERTIES, LLC, DOROTHY
VALIENTE, AND NET WORTH REALTY OF DALLAS/FORT WORTH LLC
recover their costs of this appeal from appellant MARLA NUNALLY KAUFMAN
HOMES, LLC.
Judgment entered January 21, 2022
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