Cynthia Baeza v. Floyd and Helen Zahn

• Court: Court of Appeals of Texas
• Decided: November 17, 2014
• Docket: 04-14-00777-CV
• Status: Published

Opinion

Floyd and Helen \

Fourth Court of Appeals San Antonio, Texas November 17, 2014

No. 04-14-00777-CV

Cynthia BAEZA, Appellant

v.

Floyd and Helen ZAHN, Appellee

From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 13-07-0622-CVA Honorable Donna S. Rayes, Judge Presiding

ORDER Appellant seeks to appeal a summary judgment order signed on October 1, 2014. Appellees have filed an objection to appellant’s notice of appeal stating that the summary judgment order is interlocutory because it does not dispose of appellees’ pending counterclaims, and there is no severance order. Appellees attached a copy of their counterclaim petition filed in the trial court. A summary judgment that does not dispose of all parties and causes of action is not final and appealable. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001).

It is therefore ORDERED that appellant show cause in writing within fifteen (15) days from the date of this order why this appeal should not be dismissed for lack of jurisdiction.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of November, 2014.

___________________________________ Keith E. Hottle Clerk of Court