Bret Radcliffe, Robert Radcliffe, and Mamba Minerals, LLC v. Tidal Petroleum, Inc.

• Court: Court of Appeals of Texas
• Decided: April 14, 2016
• Docket: 04-15-00644-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas April 14, 2016

No. 04-15-00644-CV

Bret RADCLIFFE, Robert Radcliffe, and Mamba Minerals, LLC, Appellants

v.

TIDAL PETROLEUM, INC., Appellee

From the 218th Judicial District Court, La Salle County, Texas Trial Court No. 13-07-00176-CVL Honorable Donna S. Rayes, Judge Presiding

ORDER Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Patricia O. Alvarez, Justice

In light of the trial court’s language in its February 24, 2015 order stating that “Plaintiff’s First Supplemental Traditional and No Evidence Motion for Summary Judgment remains pending as to all mat[t]ers not made moot by this ruling,” before the parties address the merits of the appeal, the parties should be prepared to discuss whether the order is a final, appealable order. See Farm Bureau Cnty. Mut. Ins. Co. v. Rogers, 455 S.W.3d 161, 163 (Tex. 2015); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) (“[W]hen there has not been a conventional trial on the merits, an order or judgment is not final for purposes of appeal unless it actually disposes of every pending claim and party or unless it clearly and unequivocally states that it finally disposes of all claims and all parties.”).

It is so ORDERED on April 14, 2016.

PER CURIAM

ATTESTED TO: _________________________________ Keith E. Hottle Clerk of Court