James K. Collins and Toni Sharretts Collins v. D.R. Horton-Texas LTD

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00468-CV ____________________

JAMES K. COLLINS AND TONI SHARRETTS COLLINS, Appellants

V.

D.R. HORTON-TEXAS LTD, Appellee _______________________________________________________ ______________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 15-04-04236-CV ________________________________________________________ _____________

MEMORANDUM OPINION

James K. Collins and Toni Sharretts Collins filed a notice of appeal from an

order granting a motion for partial summary judgment. The appellee, D.R. Horton-

Texas LTD, filed a motion to dismiss because the order being appealed did not

dispose of all pending parties and claims. See Lehmann v. Har-Con Corp., 39

S.W.3d 191, 195 (Tex. 2001). The Collinses argue the trial court’s order granted

more relief than requested but functioned as a final order. See id. at 206. The order

in question states that the Collinses “take nothing on their claims related in any

1 manner to the Frederick Sieberman Survey A-497, Montgomery County, Texas.”

The order neither disposes of the appellee’s claims for affirmative relief nor states

with unmistakable clarity that it is a final judgment. See id. at 192-93. We conclude

the trial court has not signed an appealable interlocutory order or a final judgment.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P.

42.3(a), 43.2(f).

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on January 25, 2017 Opinion Delivered January 26, 2017

Before Kreger, Horton, and Johnson, JJ.