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Kothmann v. Menzies

Court of Appeals of Texas, Fourth District, San Antonio
Nov 9, 2021
No. 04-21-00451-CV (Tex. App. Nov. 9, 2021)

Opinion

04-21-00451-CV

11-09-2021

Kody KOTHMANN, as Trustee of the Kody Kothmann 1992 Irrevocable Trust, Appellant v. Carl MENZIES, and Steve Menzies, as Trustee of the Perry P. Menzies and Mary LouiseMenzies Living Trust, Appellees


From the 452nd District Court, Menard County, Texas Trial Court No. 2020-05655 Honorable Robert Hoffman, Judge Presiding

ORDER

Patricia O. Alvarez, Justice.

Appellant's notice of appeal states his intention to appeal the trial court's July 9, 2021 order. Although the order denied Appellant's motion for summary judgment, it granted Plaintiffs' motion for summary judgment only in part. Notably, the order does not dispose of Plaintiffs' claim for costs and attorney's fees: It does not expressly dispose of all claims. The order does not appear final on its face. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001).

Generally, our appellate jurisdiction is limited to review of final, appealable orders or judgments. See id. at 195 (noting that generally "an appeal may be taken only from a final judgment"). An order that does not dispose of an outstanding claim for attorney's fees is not a final order. McNally v. Guevara, 52 S.W.3d 195, 196 (Tex. 2001) (per curiam).

We ORDER Appellant to show cause in writing within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a); Lehmann, 39 S.W.3d at 195.

All other appellate deadlines are SUSPENDED pending further order of this court.


Summaries of

Kothmann v. Menzies

Court of Appeals of Texas, Fourth District, San Antonio
Nov 9, 2021
No. 04-21-00451-CV (Tex. App. Nov. 9, 2021)
Case details for

Kothmann v. Menzies

Case Details

Full title:Kody KOTHMANN, as Trustee of the Kody Kothmann 1992 Irrevocable Trust…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Nov 9, 2021

Citations

No. 04-21-00451-CV (Tex. App. Nov. 9, 2021)