Tony Lamar Vann v. ALTUS Traffic Management LLC ( 2020 )

DISMISS and Opinion Filed March 19, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00084-CV
TONY LAMAR VANN, Appellant
V.
ALTUS TRAFFIC MANAGEMENT LLC AND
TEXAS MUTUAL INSURANCE COMPANY, Appellees
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-07180
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Chief Justice Burns
This Court questioned its jurisdiction over this appeal because there did not
appear to be final judgment or other appealable order. We instructed the parties to
file letter briefs addressing our concern. The parties complied.
Generally, appellate courts have 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); TEX. CIV. PRAC. & REM. CODE
ANN. § 51.014(a). A final judgment is one that disposes of all parties and claims.
See Lehmann, 39 S.W.3d at 195.
Tony Lamar Vann sued Altus Traffic Management LLC (Altus Traffic) and
Texas Mutual Insurance Company. Altus Traffic filed a motion for summary
judgment. By order signed on December 12, 2019, the trial court granted the motion
on all claims asserted by Vann against Altus Traffic. Vann appeals from this order.
However, this order is not a final judgment because Vann’s claims against Texas
Mutual Insurance Company remain pending.
Although Vann filed a letter brief, nothing therein demonstrates this Court’s
jurisdiction over this appeal. Accordingly, 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
200084F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TONY LAMAR VANN, Appellant On Appeal from the 193rd Judicial
District Court, Dallas County, Texas
No. 05-20-00084-CV V. Trial Court Cause No. DC-19-07180.
Opinion delivered by Chief Justice
ALTUS TRAFFIC MANAGEMENT Burns. Justices Molberg and Nowell
LLC AND TEXAS MUTUAL participating.
INSURANCE COMPANY,
Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees ALTUS TRAFFIC MANAGEMENT LLC
AND TEXAS MUTUAL INSURANCE COMPANY recover their costs of this
appeal from appellant TONY LAMAR VANN.
Judgment entered March 19, 2020
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