Opinion
05-23-01294-CV
02-20-2024
IN THE INTEREST OF C.M.S., AN INCAPACITATED ADULT
On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-09-00179
Before Justices Molberg, Pedersen, III, and Goldstein
MEMORANDUM OPINION
KEN MOLBERG JUSTICE
Appellant Corey Smith appeals from the trial court's order granting appellee Unikki Phillips's motion for partial summary judgment in the underlying lawsuit concerning support for their disabled child, who is now an incapacitated adult. Before the Court is appellee's motion to dismiss the appeal for want of jurisdiction. Appellant did not file a response.
Generally, an appeal may be taken only from a judgment that is final. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) (when no conventional trial has been held, judgment is final for purposes of appeal only if it actually disposes of all pending claims and parties or unequivocally states it finally disposes of all parties and claims). As noted in appellee's motion to dismiss, the appealed order recites that pending claims by the Texas Attorney General and appellee "shall survive this summary judgment." On its face, the order is not final and appealable because it does not dispose of all claims and parties. See Lehmann, 39 S.W.3d at 205. Accordingly, we lack jurisdiction and grant appellee's motion. See Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee Unikki Phillips recover her costs of this appeal from appellant Corey Smith.