Opinion
No. 08-18-00026-CV
05-23-2018
STEVE JUEN AND CSDT AMERICA, INC., Appellants, v. NOE RODRIGUEZ, Appellee.
Appeal from the County Court at Law No. 3 of El Paso County, Texas (TC# 2016DCV2973) MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be dismissed for want of jurisdiction. Finding that there is no final judgment or appealable order, we dismiss the appeal for want of jurisdiction.
It is well settled that appellate courts have jurisdiction over final judgments and interlocutory orders made appealable by statute. Lehmann v. Har-Con Corporation, 39 S.W.3d 191, 195 (Tex. 2001); TEX.CIV.PRAC. & REM.CODE ANN. § 51.014 (West Supp. 2017)(authorizing appeals from certain interlocutory orders). A judgment is final for purposes of appeal if it disposes of all parties and all issues in the case, so that no further action is required by the trial court, except as necessary to carry out the appeal. Lehmann, 39 S.W.3d at 195; Dick Poe Motors, Inc. v. DaimlerChrysler Corp., 169 S.W.3d 507, 510 (Tex.App.--El Paso 2005, no pet.).
On April 18, 2018, Appellants notified the Court by letter that the summary judgment being appealed is not final because certain counterclaims remain pending. Appellants requested that the appeal be abated pending resolution of all remaining issues in the trial court, but the letter does not provide a timeframe for the anticipated resolution of these issues by the trial court. In response, the Court gave notice of its intent to dismiss the appeal for lack of jurisdiction, but the parties were given an opportunity to file a formal motion to abate the appeal within ten days. A motion to abate has not been filed. Accordingly, we dismiss the appeal for lack of jurisdiction.
GINA M. PALAFOX, Justice May 23, 2018 Before McClure, C.J., Rodriguez, and Palafox, JJ.