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Johnathan Cooper v. Michael Mowla
Citation: Not availableDocket: 05-21-00757-CV
Court: Court of Appeals of Texas; October 25, 2021; Texas; State Appellate Court
Original Court Document: View Document
The appeal filed by Johnathan Cooper against Michael Mowla was dismissed by the Court of Appeals for the Fifth District of Texas due to lack of jurisdiction. The trial court had granted Mowla’s motion for dismissal under Texas Rule of Civil Procedure 91a on March 30, 2021, but did not address Mowla's request for attorney's fees in that order. Cooper filed a restricted appeal on August 31, 2021, raising concerns about the finality of the dismissal. The court questioned its jurisdiction as the dismissal order appeared to be premature, given that Mowla filed a waiver of his right to attorney's fees on September 17, 2021, asserting that he chose not to pursue fees as of the original dismissal date. While Cooper contested the validity of this waiver, the court noted that there was no indication that the trial court was aware of the waiver at the time of signing the dismissal order, nor was there a subsequent final order issued. Consequently, the court concluded that the appeal was filed prematurely and dismissed it for want of jurisdiction, with the judgment entered on October 25, 2021.