Opinion
No. 11-17-00339-CV
05-10-2018
COLIN O'KROLEY, Appellant v. SHERWIN-WILLIAMS COMPANY INC. (AN OHIO CORPORATION), Appellee
On Appeal from the 358th District Court Ector County, Texas
Trial Court Cause No. D-131 ,720
ORDER
Colin O'Kroley has attempted to file an appeal in this cause. The clerk of this court received O'Kroley's premature notice of appeal on December 11, 2017, and docketed the case. At that time, we notified O'Kroley that his notice of appeal appeared to be premature, and we directed the district clerk to notify this court of the entry of a judgment by the trial court. On April 24, 2018, the clerk of this court issued a letter and directed Appellant to respond and show grounds to continue this appeal. Appellant promptly responded and voiced his objection to a dismissal.
Unless specifically authorized by statute, appeals may be taken only from final judgments. Tex. A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840-41 (Tex. 2007); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). We determine whether a judgment is a final, appealable judgment based on the language in the judgment and the record of the case. Lehmann, 39 S.W.3d at 195. A judgment is final and appealable if it disposes of all parties and all claims in the case. Id. Because a final, appealable judgment still has not been entered by the trial court in this cause, we abate the appeal.
We abate the appeal pursuant to TEX. R. APP. P. 27.2 to permit the trial court to enter a final order or judgment. The parties and the district clerk are requested to notify this court immediately upon the entry of a final order or judgment.
The appeal is abated.
PER CURIAM May 10, 2018 Panel consists of: Willson, J.,
Bailey, J., and Wright, S.C.J.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.