Opinion
No. 05-12-00554-CV
06-21-2012
ARCHER BONNEMA, JACOB BONNEMA, AND JOSHUA FINANCIAL CORPORATION, Appellants v. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, WHITAKER, CHALK, SAWYER & SWINDLE, L.L.P., NORMAN BEVAN, INNOVUS FINANCIAL SOLUTIONS, INC., MILLENNIUM MARKETING GROUP, INC., AND KATHLEEN BARROW, Appellees
DISMISS: Opinion filed June 21, 2012
On Appeal from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 08-13325
MEMORANDUM OPINION
Before Justices FitzGerald, Murphy, and Fillmore
Opinion By Justice FitzGerald
By letter to the parties dated May 18, 2012, the Court questioned its jurisdiction over this appeal. We requested the parties to file letter briefs addressing our concerns. Appellants filed their brief on the merits on June 7, 2012. In their brief, appellants state their appeal is premature because the trial court's orders do not dispose of all claims and all parties. Appellants address the merits of their appeal “out of an abundance of caution.”
Generally, appeals may be taken only from final judgments. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A judgment is final if it disposes of all pending parties and claims. Id. Orders that do not dispose of all pending parties and claims are interlocutory and, subject to a few mostly statutory exceptions, unappealable until a final judgment is signed. Id.
In their notice of appeal, appellants state they are appealing the trial court's order dated February 4, 2012. In that order, however, the trial court states “[n]othing herein is meant to affect Guardian's claims against Jacob Bonnema.” The appealed order itself states that certain claims remain pending. Moreover, appellants point out in their brief that their claims against cross- defendant, Kathleen Barrow, remain pending.
Because all parties and all claims have not been disposed of, the trial court's order is interlocutory and unappealable. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
KERRY P. FITZGERALD
JUSTICE
120554F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ARCHER BONNEMA, JACOB BONNEMA, AND JOSHUA FINANCIAL CORPORATION, Appellants
V.
THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, WHITAKER, CHALK, SAWYER & SWINDLE, L.L.P., NORMAN BEVAN, INNOVUS FINANCIAL SOLUTIONS, INC., MILLENNIUM MARKETING GROUP, INC., AND KATHLEEN BARROW, Appellees
No. 05-12-00554-CV
Appeal from the 95th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. 08- 13325).
Opinion delivered by Justice FitzGerald, Justices Murphy and Fillmore, participating.
Based on the Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees, The Guardian Life Insurance Company of America, Whitaker, Chalk, Sawyer & Swindle, L.L.P., Norman Bevan, Innovus Financial Solutions, Inc., Millennium Marketing Group, Inc., and Kathleen Barrow, recover their costs of the appeal from appellants, Archer Bonnema, Jacob Bonnema, and Joshua Financial Corporation.
Judgment entered June 21, 2012.
KERRY P. FITZGERALD
JUSTICE