Heidi Simon v. Jonathan Simon

• Court: Court of Appeals of Texas
• Decided: May 30, 2024
• Docket: 14-23-00966-CV
• Status: Published

Opinion

Motion Granted; Appeal Dismissed and Memorandum filed May 30, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00966-CV

HEIDI SIMON, Appellant V. JONATHAN SIMON, Appellee

On Appeal from the 127th District Court Harris County, Texas Trial Court Cause No. 2021-83480

MEMORANDUM OPINION

This is an attempted appeal from orders signed on December 1, 2023. Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). The order being appealed does not dispose of appellee’s claim for attorney’s fees and sanctions. See Farm Bureau Cnty. Mut. Ins. Co. v. Rogers, 455 S.W.3d 161, 163–64 (Tex. 2015) (outstanding claim for attorney’s fees under UDJA prevents finality of judgment absent Lehmann finality language).

On January 12, 2024, appellee filed a motion to dismiss for want of jurisdiction. The clerk’s record was filed March 22, 2024. Accordingly, we grant appellee’s motion and dismiss the appeal. See Tex. R. App. P. 42.3(a).

PER CURIAM Panel consists of Chief Justice Christopher and Justices Spain and Poissant.