Opinion
No. 04-13-00479-CV
08-15-2013
CITY OF HEWITT, Texas and Police Chief James Barton, Appellants v. Danny POWELL, Appellee
From the 414th Judicial District Court, McLennan County, Texas
Trial Court No. 2011-4376-5
Vicki Lynn Menard, Judge Presiding
ORDER
Appellants City of Hewitt, Texas, Police Chief James Barton, and Police Chief James Devlin filed a notice of appeal complaining of the trial court's "Final Judgment" signed on April 4, 2013. The judgment orders the defendants, inter alia, to
pay plaintiff the same base salary and other pay as all police officers in the Hewitt Police Department classified as sergeants, plus credit plaintiff with all benefits accrued during such period, from the date of termination until reinstatement, less any compensation received by plaintiff during that same period (which compensation shall include unemployment compensation and wages).See Moncrief v. Tate, 561 S.W.2d 941, 942 (Tex. Civ. App.—Fort Worth 1978, no writ) (determining that a judgment was not final because of unresolved matters "that [would] require the presentation of evidence in the trial court [such as] the amount that each employee's recovery for back pay will be mitigated"). The judgment also states that it "finally disposes of all parties and claims and is appealable," but such a clause alone is not dispositive. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
We ORDER Appellants to show cause in writing within fifteen days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. If Appellants do not show cause within the time provided why this court has jurisdiction over this appeal, the appeal will be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195; Moncrief, 561 S.W.2d at 942.
All other appellate deadlines are SUSPENDED pending further order of this court.
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of August, 2013.
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Keith E. Hottle
Clerk of Court