Emmanuel Kayitare v. Pham Thai Hien Nguyen

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

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No. 02-26-00239-CV

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EMMANUEL KAYITARE, Appellant V.

PHAM THAI HIEN NGUYEN, Appellee

On Appeal from the 96th District Court Tarrant County, Texas

Trial Court No. 096-356270-24

Before Wallach, J.; Sudderth, C.J.; and Walker, J.

Per Curiam Memorandum Opinion

MEMORANDUM OPINION

By amended petition, Appellant Emmanual Kayitare sued Appellee Pham Thai Hien Nguyen and Liberty Mutual Insurance Company. The trial court abated the case against Liberty and later dismissed the claim against Nguyen without prejudice. Kayitare appeals from the dismissal order. The dismissal order does not specifically address the abated claim against Liberty and does not state that it is a final and appealable order or that it disposes of all parties and claims. Thus, the claim against Liberty remains pending. See Harper v. Welchem, Inc., 799 S.W.2d 492, 495 (Tex. App.— Houston [14th Dist.] 1990, no writ) (“If this suit was merely abated, it was never dismissed.”).

We notified Kayitare of our concern that we do not have jurisdiction because the dismissal order does not appear to be a final judgment or an appealable interlocutory order. We stated that we could dismiss this appeal for want of jurisdiction unless Kayitare or another party filed a response showing grounds for continuing it. We have not received a response.

Generally, appeals may be taken only from final judgments and certain interlocutory orders made appealable by statute. In re Guardianship of Jones, 629 S.W.3d 921, 924 (Tex. 2021); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195–96 (Tex. 2001). “By definition, a final judgment must dispose of all parties and all claims in the underlying case.” Patel v. Nations Renovations, LLC, 661 S.W.3d 151, 154 (Tex. 2023). The order in this case does not satisfy the requirement of a final judgment, and it is

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not an order for which an interlocutory appeal has been authorized by statute. See Tex. Civ. Prac. & Rem. Code § 51.014. Thus, we dismiss this appeal for want of jurisdiction.

Per Curiam

Delivered: August 27, 2026