13 2010 13 2010 v. << (2011)

IN RE THE A.F. REITZ TRUST, DATED JANUARY 25, 2000

AND AMENDED FEBRUARY 1, 2000

On Appeal from the Probate Court No. 2

Dallas County, Texas

Trial Court Cause No. PR09-03183-P2

MEMORANDUM OPINION

Generally, a party may appeal only from a final judgment, which is a judgment that disposes of all pending parties and claims in the record.   See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001).   Because the August 13, 2010 order specifically left appellee's claims pending against appellant “to the next available setting,” we questioned our jurisdiction over this appeal.   By letter dated February 11, 2011, we directed appellant to file, within seven days, a letter brief addressing our concern.   We directed appellee to file any response no later than February 25, 2011.   To date, neither party has responded.

Appellate jurisdiction is never presumed.  Brashear v. Victoria Gardens of McKinney, LLC, 302 S.W.2d 542, 546 (Tex.App.-Dallas 2009, no pet.) (op. on reh'g).   Unless the record affirmatively shows our jurisdiction, we must dismiss.  Id. The record here does not show a final judgment or otherwise affirmatively show we have jurisdiction.   Accordingly, we dismiss the appeal.

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