Rose Mary Bolden, Darlene Thomas, and Rufus Childs v. Fidelity National Title Insurance Co. ( 2016 )


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  • DISMISS; and Opinion Filed October 14, 2016.
    S    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-16-00398-CV
    ROSE MARY BOLDEN, DARLENE THOMAS,
    AND RUFUS GENE CHILDS, Appellants
    V.
    FIDELITY NATIONAL TITLE INSURANCE CO., Appellee
    On Appeal from the 44th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-15-10838
    MEMORANDUM OPINION
    Before Chief Justice Wright, Justice Fillmore, and Justice Brown
    Opinion by Justice Brown
    By letter dated August 5, 2016, the Court questioned its jurisdiction over this appeal as
    there did not appear to be a final judgment. We instructed appellant to file a letter brief
    addressing our concern and gave appellee an opportunity to respond to any brief filed by
    appellants.
    Generally, this Court has jurisdiction only over appeals from final judgments and certain
    interlocutory orders as permitted by statute. 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. See 
    id. In the
    original petition, appellee sought both damages for breach of warranty of title and
    attorney’s fees. The trial court signed a default judgment awarding damages for breach of
    warranty of title. The default judgment is silent as to appellee’s claim for attorney’s fees.
    Because the claim for attorney’s fees remains pending, the judgment is not final.
    Appellants filed a letter with this Court on August 17, 2016. Appellants, however, failed
    to address the jurisdictional issue in their letter. The judgment before this Court is not final. For
    this reason, this Court lacks jurisdiction over this appeal.
    We dismiss the appeal. See TEX. R. APP. P. 42.3(a).
    /Ada Brown/
    ADA BROWN
    JUSTICE
    160398F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    ROSE MARY BOLDEN, DARLENE                          On Appeal from the 44th Judicial District
    THOMAS, AND RUFUS GENE CHILDS,                     Court, Dallas County, Texas
    Appellants                                         Trial Court Cause No. DC-15-10838.
    Opinion delivered by Justice Brown. Chief
    No. 05-16-00398-CV        V.                       Justice Wright and Justice Fillmore
    participating.
    FIDELITY NATIONAL TITLE
    INSURANCE CO., Appellee
    In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
    It is ORDERED that appellee FIDELITY NATIONAL TITLE INSURANCE CO.
    recover its costs of this appeal from appellants ROSE MARY BOLDEN, DARLENE THOMAS,
    AND RUFUS GENE CHILDS.
    Judgment entered this 14th day of October, 2016.
    –3–
    

Document Info

Docket Number: 05-16-00398-CV

Filed Date: 10/14/2016

Precedential Status: Precedential

Modified Date: 10/17/2016