Eagle Remodel LLC v. Capital One Fin. Corp.

Full title: EAGLE REMODEL LLC, Appellant v. CAPITAL ONE FINANCIAL CORPORATION D/B/A…

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Jan 5, 2022

No. 05-21-00625-CV (Tex. App. Jan. 5, 2022)

Opinion

05-21-00625-CV

01-05-2022

EAGLE REMODEL LLC, Appellant v. CAPITAL ONE FINANCIAL CORPORATION D/B/A CAPITAL ONE BANK, Appellee

CORY L. CARLYLE, JUSTICE

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-02277

Before Justices Reichek, Nowell, and Carlyle

MEMORANDUM OPINION

CORY L. CARLYLE, JUSTICE

This is an appeal from a summary judgment order dismissing with prejudice appellant's various claims against appellee for allegedly cashing forged checks drawn on appellant's checking account. Finding appellee entitled to attorney's fees and expenses as the prevailing party, the trial court directed appellee in the order to file a motion for fees and expenses.

Because an appeal may generally be taken only from a final judgment that disposes of all parties and claims, and the summary judgment order did not determine all claims, we questioned our jurisdiction over the appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Appellant asserts in a letter brief filed at our direction that the order is appealable because appellee did not file a counterclaim for fees and the order included a "Mother Hubbard" clause stating that "All relief not expressly granted herein is denied." As appellee notes in its response, however, a "Mother Hubbard" clause is not indicative of finality when, as here, a conventional trial on the merits was not held. See id. at 203-04. Neither is that a counterclaim for fees might not have been filed when the order specifically leaves the issue of attorney's fees pending. Rather, to be final, a summary judgment order must reflect the trial court intended to completely dispose of the entire case. Id. at 205.

Because the summary judgment order here reflects the opposite, we dismiss the appeal. See Tex. R. App. P. 42.3(a).

JUDGMENT

In accordance with this Court's opinion of this date, we DISMISS the appeal.

We ORDER that appellee Capital One Financial Corporation d/b/a Capital One Bank recover its costs, if any, of this appeal from appellant Eagle Remodel LLC.

Judgment entered.