Celia D. Miskevitch v. 7-Eleven, Inc.

DISMISS and Opinion Filed October 5, 2016.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-00914-CV

CELIA D. MISKEVITCH, Appellant

V.

7-ELEVEN, INC., Appellee

On Appeal from the 298th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-15-00611 MEMORANDUM OPINION

Before Justices Lang, Myers, and Evans Opinion by Justice Lang

By letter, the Court questioned its jurisdiction over this appeal because it appeared appellee’s counterclaim for attorney’s fees remained pending. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). We gave the parties an opportunity to address our concern.

Both parties filed responses agreeing with this Court’s assessment that the judgment is not final.

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).

160914F.P05 /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

CELIA D. MISKEVITCH, Appellant On Appeal from the 298th Judicial District Court, Dallas County, Texas No. 05-16-00914-CV V. Trial Court Cause No. DC-15-00611. Opinion delivered by Justice Lang. Justices 7-ELEVEN, INC., Appellee Myers and Evans participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee 7-ELEVEN, INC. recover its costs of this appeal from appellant CELIA D. MISKEVITCH.

Judgment entered this 5th day of October, 2016.