Terrick L. Alsbrooks v. Cherish Realty Solutions LLC ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00703-CV
Terrick L. ALSBROOKS,
Appellant
v.
CHERISH REALTY SOLUTIONS LLC, Tina Lashaun Skinner,
and Fidelity Marketing LLC,
Appellees
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2022CV02415
Honorable David J. Rodriguez, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 31, 2023
DISMISSED FOR LACK OF JURISDICTION
Appellant, Terrick L. Alsbrooks, seeks to appeal from the trial court’s October 20, 2022
order dismissing appellant’s claims asserted under the Real Estate Settlement Procedure Act
(hereinafter “the dismissal order”). On January 30, 2023, the trial court clerk filed the clerk’s
record. After reviewing this record, we could not determine whether the dismissal order is a final,
appealable order. Specifically, the dismissal order does not unequivocally state that it finally
disposes of all claims and parties. Moreover, the dismissal order makes no mention of either
04-22-00703-CV
appellant’s breach of contract claim or the counterclaim pleaded by Cherish Realty Solutions LLC,
one of the appellees.
In light of these concerns, we abated this appeal and ordered the trial court to clarify
whether it intended to render a final judgment and, if so, to sign a judgment that is final for purposes
of appeal. We further ordered the trial court to cause a supplemental clerk’s record containing any
pleadings, orders, and judgment relating to our order to be filed in this court.
The supplemental clerk’s record that was filed on March 23, 2023, lacks the clarification
that we sought. Because it appeared that the trial court may not have rendered a final judgment or
an appealable interlocutory order, we ordered appellant to show cause in writing on or before April
24, 2023, why this appeal should not be dismissed for lack of jurisdiction. See TEX. R. APP. P.
42.3(a), 43.2(f); see also Lehmann v. Har-Con Corporation, 39 S.W.3d 191, 192-93 (Tex. 2001)
(defining a judgment as final and appealable “if and only if either it actually disposes of all claims
and parties then before the court, regardless of its language, or it states with unmistakable clarity
that it is a final judgment as to all claims and all parties.”). Appellant has not responded to our
show cause order.
Because the record does not include an appealable interlocutory order or final judgment,
this court has no jurisdiction over the appeal, and we must dismiss it. See TEX. R. APP. P.2.3(a);
Lehmann, 39 S.W.3d at 195.
PER CURIAM
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