Opinion
No. 04-06-00308-CV
Delivered and Filed: August 16, 2006.
Appeal from the 81st Judicial District Court, Karnes County, Texas, Trial Court No. 04-03-00051-Cvk, Honorable Ron Carr, Judge Presiding.
Dismissed for Lack of Jurisdiction.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Appellant Jerry Wanzer appeals from four orders dismissing his claims against appellees: two signed on June 3, 2005 and two signed on March 27, 2006. The clerk's record, however, does not reflect that there is a final, appealable judgment.
In his answer, Defendant Florencio Vega, arguing that Wanzer's suit is frivolous, affirmatively pled for attorney's fees. The trial court's order of dismissal signed on March 27, 2006, dismissed Wanzer's claims against Vega. It did not, however, dispose of Vega's claim for attorney's fees against Wanzer. There does not, therefore, seem to be a final, appealable judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) ("An order that adjudicates only the plaintiff's claims against the defendant does not adjudicate a counterclaim, cross-claim, or third party claim, nor does an order adjudicating claims like the latter dispose of the plaintiff's claims.").
We, therefore, abated this appeal for a period of forty-five days so that the parties could seek from the trial court such orders as necessary to show finality. We now reinstate this appeal on the docket of this court. Wanzer has filed an advisory to the court, stating that he has requested that the trial court forward a copy of a supplemental clerk's record to this court showing that Vegas's claim for attorney's fees has been disposed of. Wanzer, however, does not indicate that the trial court has in fact disposed of Vega's claim, and no supplemental clerk's record has been filed indicating that the trial court has done so. Therefore, because the trial court's order is not final, we dismiss this appeal for lack of jurisdiction.