DISMISS and Opinion Filed October 28, 2019 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-00354-CV 

THE ACCOUNTS RETRIEVABLE SYSTEM, INC. ASSIGNEE OF 

CHASE MANHATTAN BANK USA, N.A. SUCCESSOR IN INTEREST TO 

BANK ONE DELAWARE, N.A., Appellant 

V. 

WEI CHIN LIN AND BANK OF AMERICA, N.A., Appellees 

On Appeal from the County Court at Law No. 2 

Dallas County, Texas 

Trial Court Cause No. CC-18-03587-B 

MEMORANDUM OPINION 

Before Chief Justice Burns, Justice Whitehill, and Justice Nowell 

Opinion by Chief Justice Burns 

We REINSTATE this appeal. 

The Court questioned its jurisdiction over this appeal as it appeared the judgment was not 

final or otherwise subject to an interlocutory appeal. At the Court’s request, appellant filed a letter 

brief addressing our concern. 

Generally, appellate courts have jurisdiction only over appeals from final judgments. See 

Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that 

disposes of all parties and claims. See id. 

After the trial court signed an order dissolving a writ of garnishment, both Wei Chin Lin 

and Bank of America filed motions in the trial court seeking attorney’s fees from appellant. By 
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order signed February 18, 2019, the trial court granted Wei Chin Lin’s motion and awarded 

attorney’s fees to counsel for Wei Chin Lin. It appears that Bank of America’s motion for 

attorney’s fees from appellant remains pending before the trial court. Although Bank of America 

and appellant filed an agreed motion for nonsuit, the clerk’s record does not contain an order of 

nonsuit. See Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (when party moves to 

nonsuit its claims, appellate timetable runs from signing of judgment or order disposing of those 

claims or parties). 

In its letter brief, appellant asked the Court to abate this appeal “with instructions to the 

trial court to enter a final order.” By order dated August 16, 2019, we abated this appeal and gave 

appellant thirty days to obtain an order on the agreed motion for nonsuit and to have a supplemental 

clerk’s record filed containing any such order. As of today’s date, a supplemental clerk’s record 

has not been filed and the Court has had no further correspondence from appellant. 

The record before this Court does not contain a final judgment. Accordingly, we dismiss 

this appeal for want of jurisdiction. TEX. R. APP. P. 42.3(a). 

190354F.P05 

 

/Robert D. Burns, III/ 

ROBERT D. BURNS, III 

CHIEF JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

THE ACCOUNTS RETRIEVABLE 

SYSTEM, INC. ASSIGNEE OF CHASE 

MANHATTAN BANK USA, N.A. 

SUCCESSOR IN INTEREST TO BANK 

ONE DELAWARE, N.A., Appellant 

No. 05-19-00354-CV V. 

WEI CHIN LIN AND BANK OF 

AMERICA, N.A., Appellees 

 On Appeal from the County Court at Law 

No. 2, Dallas County, Texas 

Trial Court Cause No. CC-18-03587-B. 

Opinion delivered by Chief Justice Burns. 

Justices Whitehill and Nowell participating. 

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

 It is ORDERED that appellees WEI CHIN LIN AND BANK OF AMERICA, N.A. 

recover their costs of this appeal from appellant THE ACCOUNTS RETRIEVABLE SYSTEM, 

INC. ASSIGNEE OF CHASE MANHATTAN BANK USA, N.A. SUCCESSOR IN INTEREST 

TO BANK ONE DELAWARE, N.A. 

Judgment entered October 28, 2019