Opinion
No. 04-15-00773-CV
01-13-2016
AECOM USA, INC. and TCB, Inc., Appellants v. Jose Maria MATA Individually and as next friend of Monica Gabriel Mata and on behalf of the Estate of Martha Alicia Jimenez-Mata, Juan Gil Mata Individually and as next friend of Juan Gilardo Mata, Gilberto Mata, Jose M. Mata Jimenez and Saira Moreno, Appellees
From the 293rd Judicial District Court, Maverick County, Texas
Trial Court No. 14-09-30070-MCV
Honorable Cynthia L. Muniz, Judge Presiding
ORDER
AECOM and TCB seek to appeal the trial court's interlocutory order denying their motion for partial summary judgment signed on November 18, 2015. This order does not dispose of all of the claims in this action nor does it pertain to all of the parties. No severance order appears in the record. An order that does not dispose of all parties and causes of action is not final and appealable. See Houston Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693 (Tex. 1986); Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). AECOM and TCB filed a notice of interlocutory appeal on December 8, 2015. However, it does not appear this interlocutory appeal falls within those allowed interlocutory appeals enumerated in Section 51.014 of the Texas Civil Practice and Remedies Code.
It is therefore ORDERED that AECOM and TCB show cause in writing within fifteen days of the date of this order why this appeal should not be dismissed for lack of jurisdiction. AECOM and TCB should cause a supplemental clerk's record to be filed with all documentation that may support a finding of allowable interlocutory appeal.
The briefing schedule is suspended pending determination whether this Court has jurisdiction over this appeal. Thus, AECOM and TCB's motion for extension of time to file their brief is denied as moot.
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court