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.