Opinion
No. 04-13-00599-CV
2013-10-17
Gregory JACKSON, Appellant v. Kevin CARLTON, Appellee
From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-19961
The Honorable Martha B. Tanner, Judge Presiding
SHOW CAUSE ORDER
Gregory Jackson appeals the trial court's August 6, 2013 order granting in part the no evidence motion for summary judgment filed by Kevin Carlton. The trial court's order granted summary judgment dismissing Jackson's claims for violations of the Deceptive Trade Practices Act, negligent misrepresentation, and negligent hiring, supervision and/or management. The trial court's order denied summary judgment on Jackson's negligence and fraud claims. Neither the motion nor the order address Carlton's counterclaim. Jackson's notice of appeal states he is appealing "the denial of claims concerning violations of the Deceptive Trade Practices Act."
A summary judgment order is final for purposes of appeal only if it either "actually disposes of all claims and parties then before the court, ... or it states with unmistakable clarity that it is a final judgment as to all claims and all parties." Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192-93 (Tex. 2001). The order appealed in this case does neither. If a summary judgment order does not dispose of all issues and all parties, it is interlocutory and not appealable absent a severance. Mafrige v. Ross, 866 S.W.2d 590, 591 (Tex. 1993). The clerk's record does not contain an order of severance.
It therefore appears to the court that the order appealed is interlocutory and not a final, appealable judgment. We order appellant to show cause in writing to this court no later than November 6, 2013 why this appeal should not be dismissed for lack of jurisdiction. If a supplemental clerk's record is required to demonstrate our jurisdiction, appellant must (a) ask the trial court clerk to prepare the record, and (b) notify this court that such a request was made. We further order the appellate deadlines suspended until further order of this court. If appellant fails to file a satisfactory response by the date ordered, the appeal will be dismissed.
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Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of October, 2013.
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Keith E. Hottle
Clerk of Court