Opinion
No. 04-15-00813-CV
02-12-2016
HOUSING AUTHORITY OF THE CITY OF ALICE, Appellant v. TEXAS MUNICIPAL LEAGUE JOINT SELF-INSURANCE FUND and Texas Municipal League Intergovernmental Risk Pool, Appellees
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 15-03-54404-CV
Honorable Oscar (O.J.) Hale, Judge Presiding
ORDER
Appellant seeks to appeal an order signed on November 23, 2015 granting the Defendants' motion for partial summary judgment and denying its motion for summary judgment. On January 15, 2016, this Court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.
Appellant responded attesting that the trial court's order dated November 23, 2015, was a final, appealable judgment, as it disposed of all claims asserted against all parties in the action. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001); Houston Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693 (Tex. 1986). Appellee did not file a response.
Review of Appellant's response to this Court's show cause order, the pleadings, motions and orders reveals the trial court's order dated November 23, 2015 in which it granted the defendant/appellee's motion for partial summary judgment and denied plaintiff/appellant's motion for summary judgment disposed of all parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d at 200, 205. Therefore, based on the record in the case, the trial court's order is final, regardless of its language. See id.
Appellant's brief shall be due on or before 30 days from the date of this order.
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court