Branch v. Culbertson

Court of Appeals of Texas

Branch v. Culbertson

766 S.W.2d 584, 1989 Tex. App. LEXIS 816, 1989 WL 31587

CourtCourt of Appeals of Texas

DecidedMarch 2, 1989

DocketNo. 09-88-300-CV

StatusPublished

This text of 766 S.W.2d 584 (Branch v. Culbertson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Branch v. Culbertson, 766 S.W.2d 584, 1989 Tex. App. LEXIS 816, 1989 WL 31587 (Tex. Ct. App. 1989).

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Opinions

OPINION

BURGESS, Justice.

Appellant sued several defendants for damages arising out of alleged tortious acts committed during the execution of a search warrant. Appellee filed a motion for summary judgment which the trial court granted. We dismiss for want of jurisdiction.

The “Final Summary Judgment” does not dispose of any defendant other than appellee. There is no paragraph in the judgment ordering a severance, nor is there any severance order in the record. With very limited exceptions, a court of appeals has jurisdiction only over appeals from final judgments. Hinde v. Hinde, 701 S.W.2d 637 (Tex.1985). For a judgment to be final, it must dispose of all issues and parties in a case. N.E. Indep. School Dist. v. Aldridge, 400 S.W.2d 893 (Tex.1966). The cause of action against the other defendants still remains. Consequently, there is no final judgment below. See Higginbotham v. Bemis Co., 722 S.W.2d 511 (Tex.App.—Beaumont 1986, no writ).

APPEAL DISMISSED.

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OPINION

BURGESS, Justice.

Appellant sued several defendants for damages arising out of alleged tortious acts committed during the execution of a search warrant. Appellee filed a motion for summary judgment which the trial court granted. We dismiss for want of jurisdiction.

The “Final Summary Judgment” does not dispose of any defendant other than appellee. There is no paragraph in the judgment ordering a severance, nor is there any severance order in the record. With very limited exceptions, a court of appeals has jurisdiction only over appeals from final judgments. Hinde v. Hinde, 701 S.W.2d 637 (Tex.1985). For a judgment to be final, it must dispose of all issues and parties in a case. N.E. Indep. School Dist. v. Aldridge, 400 S.W.2d 893 (Tex.1966). The cause of action against the other defendants still remains. Consequently, there is no final judgment below. See Higginbotham v. Bemis Co., 722 S.W.2d 511 (Tex.App.—Beaumont 1986, no writ).

APPEAL DISMISSED.

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766 S.W.2d 584, 1989 Tex. App. LEXIS 816, 1989 WL 31587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branch-v-culbertson-texapp-1989.

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