Opinion
04-24-00792-CV
11-26-2024
Gregorio PIMENTEL, Appellant v. MAVERICK MAINTENANCE & SUPPLY, LLC, Shon Looker, LLC, and Shon Looker, Individually, Appellees
From the 218th Judicial District Court, Karnes County, Texas Trial Court No. 23-10-00189-CVK Honorable Russell Wilson, Judge Presiding
ORDER
Beth Watkins, Justice
Appellant seeks to appeal two summary judgment orders the trial court signed on October 21, 2024 and October 25, 2024. The clerk's record was filed on November 25, 2024. After reviewing the record, it appears the summary judgment orders do not dispose of all claims in dispute between the parties. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) ("[W]hether a judicial decree is a final judgment must be determined from its language and the record in the case."). Specifically, the challenged summary judgment orders do not dispose of the common law fraud claim asserted in appellant's fifth amended petition. See id. at 206.
The clerk's record contains appellees' September 24, 2024 joint motion for reconsideration, which represents that the trial court dismissed appellant's fraud claim "as to all Defendants pursuant to the MSJ hearing held on September 17, 2024-see Exh. B." However, there is no Exhibit B attached to the September 24 motion, and Exhibit A to the motion contains only an unsigned order. The clerk's record that is currently before this court does not contain a signed order disposing of appellant's fraud claim.
A judgment that does not dispose of all parties and causes of action is not final and appealable. See id. at 195; Ne. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). Nevertheless, we may treat the notice of appeal as prematurely filed and allow appellant time to present this court with a supplemental clerk's record that includes a final, appealable order or judgment. See Tex. R. App. P. 27.2; Lehmann, 39 S.W.3d at 206; Iacono v. Lyons, 6 S.W.3d 715, 717 (Tex. App.-Houston [1st Dist.] 1999, no pet.) (per curiam).
We therefore ABATE this appeal and REMAND this cause to the trial court. We ORDER appellant to ensure that a supplemental clerk's record with a final, appealable judgment or order is filed in this court by January 6, 2025. If appellant fails to cure the jurisdictional defect as ordered, we will reinstate this appeal and dismiss it for want of jurisdiction without further notice. See Tex. R. App. P. 42.3(a). All other appellate deadlines are suspended pending our determination of whether we have jurisdiction over this appeal.