Opinion
No. 11-20-00158-CV
07-31-2020
MARY HAYNES, Appellant v. DOH OIL COMPANY, CRAIG A. JOHNSON, CAJ OIL, LLC, AND CHRISTY MILTON, Appellees
On Appeal from the 118th District Court Martin County, Texas
Trial Court Cause No. 7459
ORDER
Appellant, Mary Haynes, filed a notice of appeal after the trial court entered an order granting a motion for summary judgment filed by defendant Christy Milton and an order granting a motion for summary judgment filed by defendants DOH Oil Company, Craig A. Johnson, and CAJ Oil, LLC. When the appeal was docketed in this court, we sent a letter to the parties to express this court's concern that a final, appealable order had not yet been entered. Appellant has filed a response to this court's letter. In her response, Appellant indicates that she filed a notice of appeal out of an abundance of caution even though she has the same concern as this court does about the finality of the summary judgment orders because those orders do not dispose of all issues and all parties. Appellant notes that there are additional defendants who did not file a motion for summary judgment and who are still parties to the litigation pending in the district court.
Unless specifically authorized by statute, appeals may be taken only from final judgments. Tex. A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840-41 (Tex. 2007); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A judgment is final and appealable if it disposes of all parties and all claims in the case. Lehmann, 39 S.W.3d at 195. The summary judgment orders do not state that they are final or appealable orders, nor do they actually dispose of all issues and all parties. Consequently, we abate the appeal pursuant to Rule 27.2 of the Texas Rules of Appellate Procedure to permit the parties to obtain a final order or judgment. If a final, appealable order or judgment has not been entered by October 14, 2020, we may dismiss this appeal. See TEX. R. APP. P. 42.3. If a final judgment is entered before that date, the parties are ordered to notify this court immediately.
The appeal is abated.
PER CURIAM July 31, 2020 Panel consists of: Bailey, C.J.,
Stretcher, J., and Wright, S.C.J. Willson, J., not participating.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.