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Corona v. Pilgrim's Pride

Court of Appeals of Texas, Sixth District, Texarkana
Dec 14, 2006
No. 06-06-00105-CV (Tex. App. Dec. 14, 2006)

Opinion

No. 06-06-00105-CV.

December 14, 2006.

On Appeal from the 276th Judicial District Court, Camp County, Texas, Trial Court No. CV-05-178.

Before MORRISS, C.J., ROSS and CARTER, JJ.


MEMORANDUM OPINION


Pilgrim's Pride Corporation has filed a motion to dismiss this appeal and a request for sanctions. Javier D. Corona filed pro se a notice of appeal October 27, 2006, from a summary judgment entered by the trial court October 17, 2006.

The summary judgment in this case does not constitute a final, appealable order in that it does not dispose of all claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). "[A] judgment issued without a conventional trial is final for purposes of appeal if and only if either it actually disposes of all claims and parties then before the court, regardless of its language, or it states with unmistakable clarity that it is a final judgment as to all claims and all parties." Id. at 192-93; Bean v. Reynolds Realty Group, Inc., 192 S.W.3d 856, 862 (Tex.App.-Texarkana 2006, no pet.). We recognize that a party may normally appeal only from final orders or judgments. Unless otherwise statutorily authorized, an appeal may be made only from a final judgment. See Tex. Civ. Prac. Rem. Code Ann. § 51.012 (Vernon 1997), § 51.014 (Vernon Supp. 2006); see also Lehmann, 39 S.W.3d at 195; Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985). Accordingly, we grant the portion of the motion asking us to dismiss this appeal for want of jurisdiction.

Pilgrim's Pride also requests sanctions against Corona for bringing this interlocutory appeal. We are of the opinion that sanctions are not appropriate in this case. The request for sanctions is denied. We dismiss this case for want of jurisdiction.


Summaries of

Corona v. Pilgrim's Pride

Court of Appeals of Texas, Sixth District, Texarkana
Dec 14, 2006
No. 06-06-00105-CV (Tex. App. Dec. 14, 2006)
Case details for

Corona v. Pilgrim's Pride

Case Details

Full title:JAVIER D. CORONA, Appellant v. PILGRIM'S PRIDE CORPORATION, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Dec 14, 2006

Citations

No. 06-06-00105-CV (Tex. App. Dec. 14, 2006)