Jeffrey Allen Krause v. Jason Chen

DISMISS and Opinion Filed November 10, 2021

S In The

Court of Appeals Fifth District of Texas at Dallas

No. 05-21-00749-CV

JEFFREY ALLEN KRAUSE, Appellant V. JASON CHEN, Appellee On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-01778-2021 MEMORANDUM OPINION

Before Justices Schenck, Smith, and Garcia

Opinion by Justice Schenck It is well-settled that an appeal may only be taken from a final judgment that disposes of all parties and claims or an interlocutory order as authorized by statute. See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). The appealed order here, the trial court’s order reinstating the case1 and for writ of possession, is neither.

Seemingly recognizing that, appellant moved for permission from the trial court to appeal the order under Texas Civil Practice and Remedies Code section 51.014(d) which provides for an appeal from an otherwise unappealable interlocutory order when the trial court grants permission and the order involves, in part, a controlling question of law as to which a substantial ground for difference of opinion exists. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d). Because the record before us did not reflect the trial court had granted permission,2 we questioned our jurisdiction over the appeal and directed appellant to file a letter brief addressing our concern no later than October 11, 2021. Although we cautioned that failure to comply could result in the appeal being dismissed without further notice, appellant has not complied and appellee has now moved to dismiss the appeal for want of jurisdiction and for failure to comply with a court directive. See TEX. R. APP. P. 42.3(a),(c). We grant the motion and dismiss the appeal. See id. 42.3(a),(c).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

210749F.P05

S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JEFFREY ALLEN KRAUSE, On Appeal from the County Court at Appellant Law No. 6, Collin County, Texas

Trial Court Cause No. 006-01778- No. 05-21-00749-CV V. 2021.

Opinion delivered by Justice JASON CHEN, Appellee Schenck, Justices Smith and Garcia participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Jason Chen recover his costs, if any, of this appeal from appellant Jeffrey Allen Krause.

Judgment entered November 10, 2021.