Opinion
No. 05-12-00302-CV
06-07-2012
ROBERT KAUFFMAN AND ANGELINA SALDENA KAUFFMAN, NDIVIDUALLY AND AS NEXT FRIEND OF M. KAUFFMAN, A MINOR, Appellants v. DIRECT INTERIOR DECORATING, INC., ELEGANT WINDOWS, INC., AND DID BLINDS, INC., Appellees
DISMISS: Opinion filed June 7, 2012
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-01840-2011
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang
Opinion By Justice Lang
Before the Court is the motion to dismiss the appeal for want of jurisdiction filed by appellee, Elegant Windows, Inc. Appellee contends this Court lacks jurisdiction because there is no final judgment. Appellants did not file a response to appellee's motion.
Except in circumstances not applicable here, this Court has jurisdiction only over appeals from final judgments. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. Id.
On October 21, 2011, the trial court signed an order granting appellee's no-evidence motion for summary judgment and dismissing all of appellants' claims against appellee. The trial court's order did not dispose of appellants' claims against the other two appellees, Direct Interior Decorating, Inc. and DID Blinds, Inc. Appellants and the two remaining appellees entered into a Rule 11 agreement regarding settlement of the case. The Rule 11 agreement states that the cause "shall be resolved as to the settling Defendants by an agreed order of partial dismissal with prejudice with costs taxed to the party incurring same." It also states that "Defendants shall prepare the settlement and dismissal documents." The Rule 11 agreement contemplates further action. The record before this Court does not contain an order or judgment signed by the trial court that disposes of appellants' claims against appellees Direct Interior Decorating, Inc. and DID Blinds, Inc. Thus, these claims remain pending.
We note that, in their notice of appeal, appellants state they are appealing the trial court's judgment rendered on February 6, 2012. The clerk's record does not contain such judgment nor is it listed on the trial court's docket sheet.
The only order before this Court is the order signed by the trial court on October 21, 2011. This order is interlocutory because it fails to dispose of all claims and all parties. See Lehmann, 39 S.W.3d at 195. Accordingly, we grant appellee's motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
DOUGLAS S. LANG
JUSTICE
120302F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ROBERT KAUFFMAN AND ANGELINA SALDENA KAUFFMAN, INDIVIDUALLY AND AS NEXT FRIEND OF M. KAUFFMAN, A MINOR, Appellants
V.
DIRECT INTERIOR DECORATING, INC., ELEGANT WINDOWS, INC., AND DID BLINDS, INC., Appellees
No. 05-12-00302-CV
Appeal from the 380th Judicial District Court of Collin County, Texas. (Tr.Ct.No. 380- 01840-2011).
Opinion delivered by Justice Lang, Justices Bridges and Francis, participating.
Based on the Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees, Direct Interior Decorating, Inc., Elegant Windows, Inc., and DID Blinds, Inc., recover their costs of the appeal from appellants, Robert Kauffman and Angelina Saldena Kauffman, Individually and as Next Friend of M. Kauffman, a Minor.
Judgment entered June 7, 2012.
DOUGLAS S. LANG
JUSTICE