Opinion
No. 05-08-00009-CV
Opinion issued August 20, 2009. Corrected August 31, 2009.
On Appeal from the County Court at Law No. 1, Dallas County, Texas, Trial Court Cause No. cc-07-09952-A.
Franklin Cox, Dallas, Texas.
Amy Vinther, Addison, Texas.
Chief Justice, LINDA THOMAS, Justices JOSEPH B. MORRIS, CAROLYN WRIGHT, JIM MOSELEY, DAVID L. BRIDGES, MICHAEL J. O'NEILL, KERRY P. FITZGERALD, MARTIN RICHTER, MOLLY FRANCIS, DOUGLAS S. LANG, ELIZABETH LANG-MIERS, MARY MURPHY, ROBERT M. FILLMORE.
MEMORANDUM OPINION
In this appeal from a summary judgment, Franklin Cox contends the trial court erred in concluding he did not have a direct cause of action against Fred Loya Insurance, Inc. for damages allegedly caused by one of the company's insureds. Because we conclude this appeal is impermissibly interlocutory in nature, we dismiss it for want of jurisdiction.
Cox filed suit against Fred Loya Insurance, Inc., Jesus J. Rojas, and Jesus J. Rojas, Jr. seeking recovery for alleged damages caused by Rojas, Jr. in an automobile accident. FLI answered and moved for summary judgment arguing that Cox had no direct cause of action against it for damages allegedly caused by its insured. The trial court granted the motion and stated in its order that Cox "take nothing by its suit against Fred Loya Insurance, Inc." Neither Rojas nor Rojas, Jr. filed an answer to the suit, and Cox filed a motion for default judgment. In support of his motion, Cox filed an affidavit stating that both defendants had been "duly and legally cited to appear." Nothing in the record indicates the motion for default judgment was ever ruled on or that the claims against Rojas and Rojas, Jr. have ever been resolved.
An appeal may only be taken from a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Generally, a judgment is final for purposes of appeal only when it disposes of all pending parties and claims. Id. The summary judgment in this case does not purport to dispose of the claims against Rojas and Rojas, Jr. As the record stands, there is a pending motion for default judgment against those two defendants. Because both the judgment and the record before us indicate the summary judgment in this case is not final for the purposes of appeal, we dismiss this appeal for want of jurisdiction.
Dear Attorneys:
Enclosed is a corrected page for the above-mentioned case. Please note the following typographical error that has been corrected:
Page 1, Second Paragraph, First Sentence now reads
Cox filed suit against Fred Loya Insurance, Inc., Jesus J. Rojas, and Jesus J. Rojas, Jr. seeking recovery for alleged damages caused by Rojas, Jr. in an automobile accident.
Please replace page one of your previous copy with the enclosed.
Sincerely,
Lisa Matz Clerk of the Court
cc: Judge, County Court at Law No. 1 Clerk, County Court at Law No. 1