Opinion
No. 04-15-00663-CV
01-20-2016
Theresa Fay JERRY, Appellant v. DEUTSCHE BANK NATIONAL TRUST COMPANY and Robert Valdespino, as Trustee Appellees
MEMORANDUM OPINION
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-05864
Honorable Antonia Arteaga, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice DISMISSED FOR LACK OF JURISDICTION
Theresa Fay Jerry filed a pro se "Original Appeal of Motion to Summary Judgment," which we construed as a notice of appeal. Jerry filed an original petition alleging claims against both Deutsche Bank National Trust Company and Robert Valdespino. The record contains a traditional and no-evidence motion for summary judgment filed by Deutsche Bank, but not an order on those motions. Rather, the only two orders in the record are an order granting Jerry's counsel's motion to withdraw and an "Order Sustaining Defendant's Special Exceptions and Dismissing Claims Against Defendant Rob Valdespino."
As a general rule, "an appeal may be taken only from a final judgment." Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). "A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record, except as necessary to carry out the decree." Id. Furthermore, "a judgment issued without a conventional trial is final for purposes of appeal if and only if either it actually disposes of all claims and parties then before the court, regardless of its language, or it states with unmistakable clarity that it is a final judgment as to all claims and all parties." Id. at 192-93.
The only order in the record that disposes of any claims or defendants is the order sustaining special exceptions and dismissing Jerry's claims against Robert Valdespino. The order does not dispose of Jerry's claims against Deutsche Bank. The order also does not state with unmistakable clarity that it is a final judgment as to all claims and all parties. Furthermore, the orders that Jerry states she desires to appeal, orders granting motions for summary judgment, are not contained in the record.
On December 15, 2015, we ordered Jerry to show cause by January 4, 2016, why this appeal should not be dismissed for lack of jurisdiction. We further ordered Jerry to request a supplemental clerk's record, if one was necessary to demonstrate this court's jurisdiction, and to notify this court if such a request was made. Jerry has not notified this court of a request for a supplemental clerk's record and we have not received a supplemental record from the district clerk. On December 29, 2015, Jerry filed her brief on the merits, and her brief contains two issues relevant to this court's jurisdiction. We construe Jerry's issues as her response to this court's December 15, 2015 show cause order.
Jerry contends we have venue and jurisdiction because the acts giving rise to the suit occurred in Bexar County, as demonstrated by a plat contained in the county records. Although our territorial jurisdiction is generally limited to cases from counties over which we have jurisdiction, such as Bexar County, we do not have jurisdiction over any appeal merely because the underlying dispute arises within our territorial jurisdiction. See id. at 195-96 (explaining there are additional requirements that must be met to invoke an appellate court's jurisdiction). In our December 15, 2015 show cause order, we expressed concern that we lacked jurisdiction because the trial court has not finally disposed of all issues and all parties in this case. Our order noted we might lack jurisdiction, not because Jerry filed her appeal in the wrong appellate court, but because the appeal is premature.
Jerry also notes, "Your Honor, you state in your decision that the Clerk's Record contains no order on a motion for summary judgment, when clearly the Appellant was sent a copy of order granting a motion for summary Judgment to Deutsche Bank (see Exhibit A)." Attached as Exhibit A to Jerry's brief is a copy of the letter the clerk of this court sent to notify Jerry of this court's December 15, 2015 show cause order. Although we ordered Jerry to request a supplemental clerk's record, if one was necessary to demonstrate this court's jurisdiction, and to notify this court if such a request was made, Jerry failed to do so. The letter from the clerk of this court notifying Jerry of our show cause order is not an order from the trial court disposing of Jerry's claims against Deutsche Bank's based on Deutsche Bank's motion for summary judgment.
The record before us does not contain an order from the trial court disposing of Jerry's claims against Deutsche Bank. Because Jerry has not provided us with a record showing the trial court has finally disposed of all parties and all claims in this suit, we must dismiss this appeal for lack of jurisdiction without prejudice to Jerry refiling or pursuing an appeal after the trial court has signed a final judgment or an appealable order. See id.; In re X.J.W., No. 04-12-00312-CV, 2012 WL 2834534, at *1 (Tex. App.—San Antonio July 11, 2012, no pet.) (mem. op.).
PER CURIAM