Summary
dismissing appeal for lack of jurisdiction where a trial court signed a default judgment against two defendants and thereafter vacated the judgment as to one of the defendants
Summary of this case from Garcia v. SalinasOpinion
NO. 14-18-00272-CV
04-26-2018
MONTE-PICENTINI INC.; ANTONIO CURZIO GONZALEZ; AND ASSIGNEE FERNANDO SERVITJE, Appellants v. RIALTA, LLC; AND RICARDO ALVAREZ TOSTADO, Appellees
On Appeal from the 207th District Court Comal County, Texas
Trial Court Cause No. C2012-1669B
MEMORANDUM OPINION
This is an attempted appeal from an order signed February 6, 2018. Appellees have filed a motion to dismiss for lack of jurisdiction, and appellants have responded. We grant appellees' motion and dismiss the appeal.
The trial court signed a default judgment in favor of appellant Fernando Servitje and against appellees Rialta, LLC and Richardo Alvarez Tostado in December 2014. In November 2015, appellees filed a motion to vacate the judgment. In October 2017, appellees amended their motion to include a bill of review.
On February 6, 2018, the trial court signed an order granting in part and denying in part appellees' motion to vacate the judgment. The trial court granted the motion and vacated the December 2014 judgment as to Tostado. The trial court denied the motion and upheld the December 2014 judgment as to Rialta. Appellants filed a notice of appeal from that order.
Aside from exceptions not applicable here, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001). A judgment is final if it disposes of all pending parties and claims. Id. at 200. The February 6, 2018 order is not final because it does not dispose of the claims against Tostado or the counterclaim asserted by Tostado.
We grant appellees' motion and dismiss this appeal for lack of jurisdiction.
PER CURIAM Panel consists of Justices Boyce, Donovan, and Wise.