Opinion
05-23-00720-CV
01-31-2024
MEHULKUMAR PATEL, CHIRAG PATEL, AND JAYSON PATEL, Appellants v. GONZALEZ HOTELS, LLC AND MAHESHKUMAR PATEL, Appellees
On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-10453
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
MEMORANDUM OPINION
ROBERT D. BURNS, III CHIEF JUSTICE
The Court questioned its jurisdiction over this appeal from the trial court's June 22, 2023 summary judgment order. At the Court's direction, the parties filed letter briefs addressing the jurisdictional issue.
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). To be appealable, a judgment must also be definite. See Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985) (per curiam). A judgment is definite if it defines the parties' rights or "provide[s] a definite means of ascertaining [the parties'] rights" such that "ministerial officers can carry the judgment to execution without ascertainment of facts" not stated in the judgment. Id. (quoting Steed v. State, 183 S.W.2d 458, 460 (Tex. 1944)).
The order here disposes of all parties and claims but, in its award of attorney's fees to appellees, it does not state the amount awarded. Rather, the order provides that the amount of attorney's fees is to be determined by the court.
In their letter brief, appellants assert the amount of attorney's fees sufficiently definite for purposes of appeal because in failing to set the amount of attorney's fees, the amount actually awarded was zero dollars. We disagree. The trial court awarded attorney's fees for trial and conditional attorney's fees for appeal "in an amount to be later determined by this Court." Because the amount of attorney's fees awarded remains to be determined, the judgment is not definite. Accordingly, on the record before us, we dismiss the appeal. See Hinde, 701 S.W.2d at 639; Daniels v. SS Cottages LLC, No. 05-21-00759-CV, 2022 WL 391509, at *1 (Tex. App.-Dallas Feb. 9, 2022, no pet.) (mem. op.) (judgment that failed to specify amount of appellate fees awarded not definite).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees GONZALEZ HOTELS, LLC AND MAHESHKUMAR PATEL recover their costs of this appeal from appellants MEHULKUMAR PATEL, CHIRAG PATEL, AND JAYSON PATEL.
Judgment entered.