Alabaster, Inc. and John Sheffield v. Brent W. Coon and Brent W. Coon, PC D/B/A Brent Coon & Associates

• Court: Court of Appeals of Texas
• Decided: August 8, 2024
• Docket: 09-23-00134-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00134-CV __________________

ALABASTER, INC. AND JOHN SHEFFIELD, Appellants

V.

BRENT W. COON AND BRENT W. COON, PC D/B/A BRENT COON & ASSOCIATES, Appellees

__________________________________________________________________

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E199958 __________________________________________________________________

MEMORANDUM OPINION

On June 20, 2024, we abated this appeal and remanded the case to the trial

court to give the trial court the opportunity to issue such further orders or judgments

necessary to clarify its April 6, 2023 Order or to create a final, appealable order in

this cause. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001). The

Court order further stated: “Unless a final, appealable order or judgment is included

in a supplemental clerk’s record and filed with the clerk of this court on or before

1 July 22, 2024, the appeal will be reinstated and dismissed for want of jurisdiction.”

To date, we have not received a supplemental clerk’s record. No party requested

additional time to obtain a final judgment or severance order.

The appeal is hereby reinstated. Generally, an appeal may be taken only from

final judgments and interlocutory orders specifically made appealable by statute. See

id. at 195. To be final, a judgment must dispose of all issues and parties in a case.

N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). As we

explained in our Order of June 20, 2024, the trial court’s Order of April 6, 2023,

which granted Coon’s motion to dismiss the plaintiffs’ claims against the defendants,

failed to dispose of the defendants’ counterclaims for attorney’s fees and sanctions.

The appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a); 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 24, 2024 Opinion Delivered August 8, 2024

Before Golemon, C.J., Johnson and Chambers, JJ.