Opinion
08-22-00023-CV
01-31-2022
JUAN LUIS MORA, Individually and as Dependent Administrator of the Estate of ARTURO MORA REYES, Deceased, v. Atlas Aerospace, LLC, Appellee. PERLA RODRIGUEZ as Next Friend of P.A.M., A.W.N., and P.V.M., All Minor Children, MARITZA HERNANDEZ, as Next Friend of A.R.M and A.L.M., All Minor Children, and MARIA C. MORA, Appellants,
Appeal from the County Court at Law No. 3 of El Paso County, Texas (TC# 2018DCV2538)
Before Rodriguez, C.J., Palafox, and Alley, JJ.
MEMORANDUM OPINION
JEFF ALLEY, JUSTICE
This is an appeal from a summary judgment order that disposed of Appellants' claims against Appellee but left the issue of court costs pending. It is before the Court on Appellants' motion to extend time to file a notice of appeal. Finding that the appeal is premature because the issue of court costs remains unresolved, we dismiss the appeal for lack of jurisdiction and deny Appellant's motion to extend time to file a notice of appeal as moot.
In Appellant's motion to extend time to file a notice of appeal, they acknowledge that the appeal may be premature because the trial court's summary judgment order did not dispose of the issue of court costs. In response to Appellants' motion to extend time to file a notice of appeal, Appellee argues that the Court lacks jurisdiction of the appeal because the summary judgment order is not final, as it fails to dispose of the issue of allocation of court costs.
The trial court's summary judgment order states that the trial court will consider the issue of court costs at a later date. A summary judgment order that does not contain a clear indication of the trial court's intent to dispose of all issues is not a final judgment. See Farm Bureau County Mut. Ins. Co. v. Rogers, 455 S.W.3d 161 (Tex. 2015). Accordingly, we dismiss the appeal for want of jurisdiction and deny Appellant's motion to extend time to file notice of appeal as moot. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appeal may only be taken from final judgment that disposes of all claims and parties); Tex.R.App.P. 42.3(a). All other motions are denied as moot.