Quetriva R. Bergen v. the Flats at Five Mile Creek

DISMISS and Opinion Filed May 8, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01161-CV

QUETRIVA R. BERGEN, Appellant
V.
THE FLATS AT FIVE MILE CREEK, Appellee

On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-23-06902-B

MEMORANDUM OPINION
Before Justices Smith, Miskel, and Breedlove
Opinion by Justice Miskel
On February 2, 2024, we sent a letter to the parties questioning our jurisdiction

because it appears the judgment is not final and definite because although it awards

post-judgment interest on unpaid rent and attorney’s fees it does not state an amount

on unpaid rent or attorney’s fees. We directed appellant to file a letter brief

addressing our jurisdictional concern no later than February 12, 2024. We expressly

cautioned appellant that failure to do so might result in the dismissal of the appeal
without further notice. To date, appellant has not filed a letter brief nor further

corresponded with the Court regarding the status of this appeal.1

Accordingly, we dismiss this appeal. See Tex. R. App. P. 42.3(b), (c).

/Emily Miskel/
EMILY MISKEL
JUSTICE
231161F.P05

1
Appellant filed a “response” which consists of two email chains. Appellant does not explain
the relevance of the emails, nor did she address the jurisdictional question presented to her for
briefing.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

QUETRIVA R. BERGEN, Appellant On Appeal from the County Court at
Law No. 2, Dallas County, Texas
No. 05-23-01161-CV V. Trial Court Cause No. CC-23-06902-
B.
THE FLATS AT FIVE MILE Opinion delivered by Justice Miskel.
CREEK, Appellee Justices Smith and Breedlove
participating.

In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

Judgment entered May 8, 2024

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