In the Interest of C.M.S., an Incapacitated Adult v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 20, 2024
• Docket: 05-23-01294-CV
• Status: Published

Opinion

DISMISS and Opinion Filed February 20, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01294-CV

IN THE INTEREST OF C.M.S., AN INCAPACITATED ADULT

On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-09-00179

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Goldstein Opinion by Justice Molberg Appellant Corey Smith appeals from the trial court’s order granting appellee

Unikki Phillips’s motion for partial summary judgment in the underlying lawsuit

concerning support for their disabled child, who is now an incapacitated adult.

Before the Court is appellee’s motion to dismiss the appeal for want of jurisdiction.

Appellant did not file a response.

Generally, an appeal may be taken only from a judgment that is final. See

Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) (when no conventional

trial has been held, judgment is final for purposes of appeal only if it actually

disposes of all pending claims and parties or unequivocally states it finally disposes of all parties and claims). As noted in appellee’s motion to dismiss, the appealed

order recites that pending claims by the Texas Attorney General and appellee “shall

survive this summary judgment.” On its face, the order is not final and appealable

because it does not dispose of all claims and parties. See Lehmann, 39 S.W.3d at

205. Accordingly, we lack jurisdiction and grant appellee’s motion. See TEX. R.

APP. P. 42.3(a).

/Ken Molberg// 231294f.p05 KEN MOLBERG JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF C.M.S., AN On Appeal from the 301st Judicial INCAPACITATED ADULT District Court, Dallas County, Texas Trial Court Cause No. DF-09-00179. No. 05-23-01294-CV Opinion delivered by Justice Molberg. Justices Pedersen, III and Goldstein participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee Unikki Phillips recover her costs of this appeal from appellant Corey Smith.

Judgment entered this 20th day of February, 2024.

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