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W. Int'l Gas & Cylinders, Inc. v. H&H Land, L.P.

Court of Appeals For The First District of Texas
Mar 9, 2021
NO. 01-20-00855-CV (Tex. App. Mar. 9, 2021)

Opinion

NO. 01-20-00855-CV

03-09-2021

WESTERN INTERNATIONAL GAS & CYLINDERS, INC., Appellant v. H&H Land, L.P., Appellee


On Appeal from the 333rd District Court Harris County, Texas
Trial Court Case No. 2019-43321

MEMORANDUM OPINION

Appellant, Western International Gas & Cylinders, Inc., is attempting to appeal the trial court's Final Judgment entered on December 15, 2020. On January 29, 2021, appellee, H&H Land, L.P., filed a motion to dismiss, contending that on December 15, 2020, the trial court issued two orders: (1) an order denying appellee's motion for fees and (2) an order granting final judgment. Appellee further contends that on December 16, 2020, the trial court vacated its two December 15, 2020 orders, thus leaving appellee's claim for attorney's fees pending in the trial court. On February 8, 2021, appellant responded to the motion to dismiss, conceding that the record does not contain a final, appealable judgment, but arguing that we should abate the appeal until the trial court enters a final judgment, pursuant to Rule 27.1 of the Texas Rules of Appellate Procedure.

Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001).

Our review of the record confirms appellee's contention that the trial court vacated its December 15, 2020 orders and that no final judgment appears in the record. Although we can abate for the trial court to clarify whether its judgment was final, no clarification is needed here because the trial court vacated its final judgment. See Lehmann, 39 S.W.3d at 206 & n.92.

Because the trial court vacated and set aside its December 15, 2020 orders, the record does not contain a final judgment or other appealable order. Accordingly, we grant appellee's motion to dismiss and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Goodman and Farris.


Summaries of

W. Int'l Gas & Cylinders, Inc. v. H&H Land, L.P.

Court of Appeals For The First District of Texas
Mar 9, 2021
NO. 01-20-00855-CV (Tex. App. Mar. 9, 2021)
Case details for

W. Int'l Gas & Cylinders, Inc. v. H&H Land, L.P.

Case Details

Full title:WESTERN INTERNATIONAL GAS & CYLINDERS, INC., Appellant v. H&H Land, L.P.…

Court:Court of Appeals For The First District of Texas

Date published: Mar 9, 2021

Citations

NO. 01-20-00855-CV (Tex. App. Mar. 9, 2021)