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Alabaster, Inc. v. Coon

Court of Appeals of Texas, Ninth District, Beaumont
Aug 8, 2024
No. 09-23-00134-CV (Tex. App. Aug. 8, 2024)

Opinion

09-23-00134-CV

08-08-2024

ALABASTER, INC. AND JOHN SHEFFIELD, Appellants v. BRENT W. COON AND BRENT W. COON, PC D/B/A BRENT COON & ASSOCIATES, Appellees


Submitted on June 24, 2024

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E199958

Before Go lemon, C.J., Johnson and Chambers, JJ.

MEMORANDUM OPINION

PER CURIAM

On June 20, 2024, we abated this appeal and remanded the case to the trial court to give the trial court the opportunity to issue such further orders or judgments necessary to clarify its April 6, 2023 Order or to create a final, appealable order in this cause. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001). The Court order further stated: "Unless a final, appealable order or judgment is included in a supplemental clerk's record and filed with the clerk of this court on or before July 22,2024, the appeal will be reinstated and dismissed for want of jurisdiction." To date, we have not received a supplemental clerk's record. No party requested additional time to obtain a final judgment or severance order.

The appeal is hereby reinstated. Generally, an appeal may betaken only from final judgments and interlocutory orders specifically made appealable by statute. See id. at 195. To be final, a judgment must dispose of all issues and parties in a case. N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). As we explained in our Order of June 20, 2024, the trial court's Order of April 6, 2023, which granted Coon's motionto dismiss the plaintiffs' claims againstthe defendants, failed to dispose of the defendants' counterclaims for attorney's fees and sanctions. The appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a); 43.2(f).

APPEAL DISMISSED.


Summaries of

Alabaster, Inc. v. Coon

Court of Appeals of Texas, Ninth District, Beaumont
Aug 8, 2024
No. 09-23-00134-CV (Tex. App. Aug. 8, 2024)
Case details for

Alabaster, Inc. v. Coon

Case Details

Full title:ALABASTER, INC. AND JOHN SHEFFIELD, Appellants v. BRENT W. COON AND BRENT…

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Aug 8, 2024

Citations

No. 09-23-00134-CV (Tex. App. Aug. 8, 2024)