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Slack v. Consul of Greece

State of Texas in the Fourteenth Court of Appeals
Feb 13, 2018
NO. 14-17-00616-CV (Tex. App. Feb. 13, 2018)

Opinion

NO. 14-17-00616-CV

02-13-2018

TOMMY L. SLACK AND ALISA SLACK, Appellants v. CONSUL OF GREECE (C.O.G.), Appellee


On Appeal from the County Civil Court at Law No. 4 Harris County, Texas
Trial Court Cause No. 1044448

MEMORANDUM OPINION

Appellants Tommy and Alisa Slack attempt to appeal an order granting summary judgment in favor of appellee, the Consul of Greece. Because the trial court's summary judgment order did not dispose of all parties and issues, there is no final judgment in this case. Appellee filed a motion to dismiss alleging we have no jurisdiction over this appeal. We grant appellee's motion and dismiss the appeal for want of jurisdiction.

Appellee leased an apartment from appellants, which included payment of a security deposit. When individuals associated with appellee, who were permitted to live in the apartment, moved out, appellants did not return the security deposit. Appellee sued appellants for the return of its security deposit. Appellants filed counterclaims alleging breach of contract and conversion. Appellee filed a motion for traditional and no-evidence summary judgment in which it alleged it had established its breach of contract action as a matter of law. As to appellants' counterclaims appellee alleged that it could disprove the breach of contract counterclaim as a matter of law, or, in the alternative, appellants had presented no evidence of their breach of contract counterclaim. The trial court granted summary judgment on appellee's "claims for breach of contract and attorney's fees," and dismissed appellants' "counter-claims or [sic] breach of contract." This appeal followed.

Appellee filed a motion to dismiss in which it argues the summary judgment is not final because it does not dispose of appellants' conversion claim. In their brief, appellants contend the judgment "contains some ambiguity" because the judgment refers to "counter-claims" in the plural tense, but specifically mentions only the breach-of-contract claim. Appellee, however, did not move for summary judgment on the conversion claim. Appellee's motion requests summary judgment only on the breach-of-contract claim. A party may secure a summary judgment only on those grounds specifically named and discussed in the motion. See Wright v. Sydow, 173 S.W.3d 534, 554 (Tex. App.—Houston [14th Dist.] 2004, pet. denied) (citing McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337, 342 (Tex. 1993)). Therefore, the summary judgment order is not ambiguous because appellee cannot secure a summary judgment on the conversion claim not having requested summary judgment on that claim. The trial court's order disposed of appellee's breach-of- contract claim and appellants' counterclaim on breach of contract. The order does not dispose of appellants' counterclaim for conversion. Further, the record does not contain a severance order or a nonsuit of the conversion claim, either of which potentially could make the summary judgment final.

When orders do not dispose of all pending parties and claims, the orders remain interlocutory and not appealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). No such statutory exception applies in this case. See, e.g., Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (listing appealable interlocutory orders).

On January 19, 2018, appellee filed a motion to dismiss this appeal for want of jurisdiction. Appellee's motion is granted, and the appeal is dismissed.

PER CURIAM Panel consists of Chief Justice Frost and Justices Christopher and Jamison.


Summaries of

Slack v. Consul of Greece

State of Texas in the Fourteenth Court of Appeals
Feb 13, 2018
NO. 14-17-00616-CV (Tex. App. Feb. 13, 2018)
Case details for

Slack v. Consul of Greece

Case Details

Full title:TOMMY L. SLACK AND ALISA SLACK, Appellants v. CONSUL OF GREECE (C.O.G.)…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Feb 13, 2018

Citations

NO. 14-17-00616-CV (Tex. App. Feb. 13, 2018)