Bryce Elliott v. Andrew R. Davis and Carrie Michele Cannon-Davis

• Court: Court of Appeals of Texas
• Decided: June 22, 2023
• Docket: 01-21-00673-CV
• Status: Published

Opinion

Opinion issued June 22, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-21-00673-CV ——————————— BRYCE ELLIOTT, Appellant V. ANDREW R. DAVIS AND CARRIE MICHELE CANNON-DAVIS, Appellees

On Appeal from the 55th District Court Harris County, Texas Trial Court Case No. 2020-83028

MEMORANDUM OPINION

Appellant Bryce Elliott filed a notice of appeal from the trial court’s

summary judgment. Neither of the trial court’s summary-judgment orders disposes

of appellee Carrie Michele Cannon-Davis’s claim for attorney’s fees, and neither

order includes finality language. See, e.g., Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001) (“A statement like, ‘This judgment finally disposes of all

parties and all claims and is appealable,’ would leave no doubt about the court’s

intention.”).

This Court has jurisdiction only over appeals from final judgments and those

interlocutory orders specifically authorized by statute. See CMH Homes v. Perez,

340 S.W.3d 444, 447–48 (Tex. 2011). “A judgment is final for purposes of appeal

if it disposes of all pending parties and claims in the record, except as necessary to

carry out the decree.” Lehmann, 39 S.W.3d at 195. An order may not constitute a

final judgment for these purposes if it fails to resolve a request for attorney’s fees.

E.g., Farm Bureau Cty. Mut. Ins. Co. v. Rogers, 455 S.W.3d 161, 162 (Tex. 2015)

(per curiam).

We notified appellant that the appeal could be dismissed if the appellant did

not timely file a response demonstrating this Court’s jurisdiction over the appeal.

See TEX. R. APP. P. 42.3(a). Appellant did not respond.1

1 Counsel for appellee Andrew R. Davis responded with a suggestion of death of Robert Sobel, the attorney representing appellee Carrie Michele Cannon-Davis. Counsel for Bryce Elliott, the only party who filed a notice of appeal, did not respond. 2 Conclusion

Because the appealed judgment is not final, we dismiss this appeal for want

of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).

Peter Kelly Justice

Panel consists of Justices Kelly, Farris, and Radack.2

2 The Honorable Sherry Radack, Senior Justice, Court of Appeals, First District of Texas at Houston, sitting by assignment. 3