Florida Sunshine Stanford v. U.S. Bank Trust National Association, Not in Its Individual Capacity, but Solely as Trustee of LSF9 Master Participation Trust
Florida Sunshine Stanford v. U.S. Bank Trust National Association, Not in Its Individual Capacity, but Solely as Trustee of LSF9 Master Participation Trust
Opinion
DISMISS and Opinion Filed July 9, 2024
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01299-CV FLORIDA SUNSHINE STANFORD, Appellant V. U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST, AND FAY SERVICING, LLC, Appellees On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-06774-2022 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns We questioned our jurisdiction over this appeal from the trial court’s order granting appellees’ summary judgment motion as the order did not dispose of all parties and claims and did not appear otherwise appealable. See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (appeal may be taken from interlocutory order if allowed by statute and final judgment that disposes of all claims and parties). In response to our request for jurisdictional briefing, appellant noted she filed the appeal after the district clerk notified her by letter that “an appealable order or other final order disposing of the case” had been signed. The order referred to in the letter was the appealed summary judgment order.
As noted by appellees, however, the clerk’s letter was erroneous. The summary judgment order did not dispose of all parties and claims, and in fact, stated it was “a partial judgment.” A partial summary judgment order is interlocutory and unappealable, absent circumstances not applicable here. Bandera Elec. Co-op., Inc. v. Gilchrist, 946 S.W.2d 336, 337 (Tex. 1997) (per curiam). Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Tipps, 842 S.W.2d at 272.
/Robert D. Burns, III/ ROBERT D. BURNS, III 231299F.P05 CHIEF JUSTICE
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT FLORIDA SUNSHINE On Appeal from the 380th Judicial STANFORD, Appellant District Court, Collin County, Texas Trial Court Cause No. 380-06774- No. 05-23-01299-CV V. 2022.
Opinion delivered by Chief Justice U.S. BANK TRUST NATIONAL Burns, Justices Molberg and ASSOCIATION, NOT IN ITS Pedersen, III participating.
INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST, AND FAY SERVICING, LLC, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered July 9, 2024.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.