Opinion
04-22-00194-CV
07-05-2022
Jerry A. GUZZETTA, Appellant v. BRIMHALL LQ, LLC d/b/a La Quinta Hotel, Appellee
From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-14775 Honorable John D. Gabriel Jr., Judge Presiding
ORDER
Patricia O. Alvarez, Justice
On January 7, 2022, the trial court signed a final order in the underlying cause of this appeal. On January 24, 2022, the trial court amended the final order. On February 7, 2022, Appellant filed a motion for new trial. On February 15, 2022, Appellant filed a counterclaim. On April 5, 2022, Appellant filed a notice of appeal. On May 6, 2022, Appellant asked this court to abate his appeal with orders for the trial court to sever his counterclaim. He amended the request on May 9, 2022.
Having reviewed the clerk's record, we conclude that the underlying cause was final and appealable on January 24, 2022. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001) ("[I]f the language of the order is clear and unequivocal, it must be given effect despite any other indications that one or more parties did not intend for the judgment to be final.") Final means that the trial court has disposed of all pending claims and parties on the record before it. See id. at 195.
The trial court had plenary power to vacate, modify, correct, or reform the judgment until thirty days after all timely-filed motions were overruled. See TEX. R. CIV. P. 329B. IT DID NOT DO SO. THE CASE REMAINS FINAL. See Lehmann, 39 S.W.3d at 206.
Accordingly, we deny Appellant's motion to abate as moot.