Summary
dismissing appeal as interlocutory because order granting summary judgment to Blackacre and awarding it attorney's fees on appeal failed to specify amount of attorney's fees awarded
Summary of this case from In re Educap, Inc.Opinion
No. 05-04-00312-CV
Opinion Filed February 24, 2005.
On Appeal from the 68th Judicial District Court Dallas County, Texas, Trial Court Cause No. 03-03839-C.
Dismiss.
Before Justices BRIDGES, O'NEILL, and MAZZANT.
MEMORANDUM OPINION
Appellant Richard P. Chado appeals a summary judgment granted in favor of PNL Blackacre, L.P. The trial court's judgment awards PNL Blackacre attorneys fees on appeal, but does not specify the amount of attorneys fees awarded. A final judgment is one that disposes of all parties and issues in the case. Schlipf v. Exxon Corp., 644 S.W.2d 453, 454 (Tex. 1982). A final judgment must be definite and certain such that the clerk can ascertain the amount to place in the writ of execution. See International Sec. Life Ins. Co. v. Spray, 468 S.W.2d 347, 350 (Tex. 1971). At oral argument, the parties conceded it would be impossible to execute upon the appellate attorneys fees portion of this judgment because it did not specify the amount of attorneys fees. We conclude the trial court's judgment is not final because it does not dispose of all issues between the parties and lacks definiteness. See Howell v. Mauzy, 774 S.W.2d 274, 276 (Tex.App.-Austin 1989, writ denied); see also Spray, 468 S.W.2d at 350. Absent an express grant of authority, this Court has no jurisdiction over interlocutory judgments. Bally Total Fitness v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); In re D.B., 80 S.W.3d 698, 700 (Tex.App.-Dallas 2002, no pet.). Because the judgment appealed from is not final, we dismiss this appeal for want of jurisdiction.
We sent the parties a notice letter informing them of the jurisdiction issue. See Tex.R.App.P. 42.3(a).