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

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

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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

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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.