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Basaldua v. San Antonio Water Sys.

Court of Appeals of Texas, Fourth District, San Antonio
Jul 18, 2023
No. 04-23-00537-CV (Tex. App. Jul. 18, 2023)

Opinion

04-23-00537-CV

07-18-2023

Ray Adam BASALDUA, Appellant v. SAN ANTONIO WATER SYSTEM, Appellee


From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2022-CI-13322 Honorable Norma Gonzales, Judge Presiding

ORDER

Liza A. Rodriguez, Justice

Appellant has filed a notice of appeal. However, the clerk's record does not contain a final, appealable order. The clerk's record shows appellant sued the San Antonio Water System (SAWS), Erika Nirenberg, and Ron Nirenberg for defamation, slander, and intentional infliction of emotional distress.

The Nirenbergs filed a motion for no-evidence summary judgment, which the trial court granted. An order granting the no-evidence summary judgment motion is contained in the clerk's record. SAWS filed a plea to the jurisdiction. The clerk's record indicates the trial court held a hearing on the plea, but it contains no order ruling on the plea or otherwise disposing of the claims against SAWS.

A judgment or order is final for purposes of appeal if it actually disposes of all pending parties and claims before the court. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because the record does not contain an order disposing of appellant's claims against SAWS, there is no final, appealable order. See id. Interlocutory orders may be appealed only if a specific statute authorizes it. For example, section 51.014 of the Texas Civil Practice and Remedies Code lists circumstances under which a person may appeal an interlocutory order of a district court, county court at law, or county court. See Tex. Civ. Prac. & Rem. Code § 51.014. We have found no statutory authority authorizing an interlocutory appeal from the type of summary judgment granted in this case.

We, therefore, ORDER appellant to show cause in writing by August 1, 2023, why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.


Summaries of

Basaldua v. San Antonio Water Sys.

Court of Appeals of Texas, Fourth District, San Antonio
Jul 18, 2023
No. 04-23-00537-CV (Tex. App. Jul. 18, 2023)
Case details for

Basaldua v. San Antonio Water Sys.

Case Details

Full title:Ray Adam BASALDUA, Appellant v. SAN ANTONIO WATER SYSTEM, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jul 18, 2023

Citations

No. 04-23-00537-CV (Tex. App. Jul. 18, 2023)