Tram Tran v. David Stidd ( 2020 )


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  • DISMISS and Opinion Filed October 6, 2020
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-20-00572-CV
    TRAM TRAN, Appellant
    V.
    DAVID STIDD, Appellee
    On Appeal from the 303rd Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF-06-02457-V
    MEMORANDUM OPINION
    Before Chief Justice Burns, Justice Whitehill, and Justice Molberg
    Opinion by Chief Justice Burns
    In her pending motion for an extension of time to file her notice of appeal,
    appellant states she appeals from the trial court’s December 17, 2019 dismissal of
    the underlying case. After receiving notice from the district clerk’s office that the
    trial court had not signed a dismissal order, we questioned our jurisdiction over this
    appeal. At our request, appellant filed a letter brief addressing our concern.
    Generally, this Court has jurisdiction over 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)
    (listing appealable interlocutory orders). A final judgment is one that disposes of all
    parties and all claims. See 
    Lehmann, 39 S.W.3d at 195
    .
    In her letter brief, appellant fails to provide any authority demonstrating our
    jurisdiction over this appeal. In the absence of an order to review, this Court lacks
    appellate jurisdiction. See
    id. Accordingly, we deny
    as moot appellant’s motion for
    an extension of time to file her notice of appeal and 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
    200572F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    TRAM TRAN, Appellant                     On Appeal from the 303rd Judicial
    District Court, Dallas County, Texas
    No. 05-20-00572-CV        V.             Trial Court Cause No. DF-06-02457-
    V.
    DAVID STIDD, Appellee                    Opinion delivered by Chief Justice
    Burns. Justices Whitehill and
    Molberg participating.
    In accordance with this Court’s opinion of this date, the appeal is
    DISMISSED.
    Judgment entered October 6, 2020
    –3–
    

Document Info

Docket Number: 05-20-00572-CV

Filed Date: 10/6/2020

Precedential Status: Precedential

Modified Date: 10/14/2020