Belinda A. Zanfardino v. Hugh L. Jeffus, Jr., Marshall Turner Jeffus, and Nanalee May Jeffus Nichols

• Court: Court of Appeals of Texas
• Decided: July 10, 2002
• Docket: 06-02-00077-CV
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-02-00077-CV ______________________________

BELINDA A. ZANFARDINO, Appellant

V.

HUGH L. JEFFUS, JR., MARSHALL TURNER JEFFUS, AND NANALEE MAY JEFFUS NICHOLS, Appellees

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On Appeal from the 6th Judicial District Court Lamar County, Texas Trial Court No. 68707

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Before Morriss, C.J., Grant and Ross, JJ. Opinion by Chief Justice Morriss

O P I N I O N

Belinda A. Zanfardino appeals the summary judgment granted in favor of Hugh L. Jeffus, Jr., Marshall Turner Jeffus, and Nanalee May Jeffus Nichols (collectively, Appellees). The record shows Appellees sued Zanfardino, alleging she made an invalid claim of ownership in some property Appellees alleged they owned. Appellees requested a declaratory judgment, monetary damages, and attorney's fees and costs. The trial court granted a partial summary judgment quieting title of the property in Appellees. That summary judgment does not address Appellees' claims for monetary damages or attorney's fees and costs.

This Court has jurisdiction only of final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). An order that does not finally dispose of all remaining parties and claims is not a final order. Id. at 200. If the intent to dispose of the case is not unequivocally expressed in the language of the order itself, then the order is not final. Id. Here the trial court's order does not purport to be a final judgment and does not dispose of some of the plaintiffs' claims for relief.

Because the summary judgment does not address all of Appellees' claims, it is not a final judgment. Pursuant to Tex. R. App. P. 42.3, we notified Zanfardino of this defect in our jurisdiction, and she has indicated her agreement with our assessment.

The appeal is dismissed for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: July 9, 2002

Date Decided: July 10, 2002

Do Not Publish

Bailey C. Moseley

Justice

Date Submitted: May 23, 2007

Date Decided: May 24, 2007