MARK LITTLE v. THE SWAN ASBESTOS AND SILICA SETTLEMENT TRUST (2016)

MEMORANDUM OPINION

By letter dated November 7, 2016, the Court questioned its jurisdiction over this appeal because there does not appear to be a final judgment. We instructed appellant to file, by November 17, 2016, a letter brief addressing the jurisdictional issue. We cautioned appellant that failure to file a jurisdictional brief by the date specified may result in dismissal of the appeal without further notice. As of today's date, appellant has not filed a response.

Generally, this Court has jurisdiction only over appeals from final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id.

Appellee filed a petition for declaratory judgment. Appellant filed an application for attorney's fees. The record before this Court contains only an order denying appellant's application for attorney's fees and the notice of appeal pertains to that order. Appellee's claim for declaratory judgment remains pending.

Because the judgment is not final, this Court lacks jurisdiction. See Lehmann, 39 S.W.3d at 195. We dismiss the appeal. See TEX. R. APP. P. 42.3(a).

CAROLYN WRIGHT CHIEF JUSTICE