Court of Civil Appeals of Texas, 2019

Johnny Johnson v. Liberty Mutual Insurance Company and Brandy Gilbreath

Johnny Johnson v. Liberty Mutual Insurance Company and Brandy Gilbreath
Court of Civil Appeals of Texas · Decided June 5, 2019

Johnny Johnson v. Liberty Mutual Insurance Company and Brandy Gilbreath

Opinion

DISMISSED; Opinion Filed June 5, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00282-CV JOHNNY JOHNSON, Appellant V. LIBERTY MUTUAL INSURANCE COMPANY AND BRANDY GILBREATH, Appellees On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-03749-2017 MEMORANDUM OPINION Before Justices Myers, Molberg, and Carlyle Opinion by Justice Carlyle This is an appeal from the trial court’s order granting Liberty Mutual Insurance Company’s motion for summary judgment on Johnny Johnson’s “contractual and extra-contractual claims.”

The order granting the motion recites in its entirety as follows: Came on to be heard Defendant’s Motion for Summary Judgment on Plaintiff’s contractual and extra-contractual claims and causes of action and the Court having considered the Motion, Response and Pleadings and heard the parties’ argument is of the opinion that the Motion should be GRANTED.

IT IS HEREBY ORDERED that the Defendant’s Motion for Summary Judgment on Plaintiff’s contractual and extra-contractual claims and causes of action is GRANTED.

Because the record reflected Johnson had sued Liberty Mutual adjuster Brandy Gilbreath as well and the order did not dispose of that portion of the suit or “clearly and unequivocally” state it finally disposed of all claims and parties, we questioned whether we had jurisdiction over the appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195, 205 (Tex. 2001) (subject to mostly statutory exceptions, appeal may be taken only from judgment that disposes of all parties and claims or “clearly and unequivocally states” it finally disposes of all claims and parties). At our request, Johnson filed a letter brief addressing our concern, but nothing in his letter demonstrates our jurisdiction. Accordingly, we dismiss the appeal. See id. at 195; see also TEX. R. APP. P. 42.3(a).

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

190282F.P05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHNNY JOHNSON, Appellant On Appeal from the 366th Judicial District Court, Collin County, Texas No. 05-19-00282-CV V. Trial Court Cause No. 366-03749-2017.

Opinion delivered by Justice Carlyle, LIBERTY MUTUAL INSURANCE Justices Myers and Molberg participating.

COMPANY AND BRANDY GILBREATH, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellees Liberty Mutual Insurance Company and Brandy Gilbreath recover their costs, if any, of this appeal from appellant Johnny Johnson.

Judgment entered this 5th day of June, 2019.

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