Lydia Martinez v. Laredo Independent School District

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: June 17, 2026
• Docket: 04-26-00342-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00342-CV

Lydia MARTINEZ, Appellant

v.

LAREDO INDEPENDENT SCHOOL DISTRICT, Appellee

From the 341st Judicial District Court, Webb County, Texas Trial Court No. 2024CVK001317D3 Honorable Rebecca Ramirez Palomo, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: June 17, 2026

DISMISSED FOR LACK OF JURISDICTION

Appellant Lydia Martinez seeks to appeal the trial court’s April 20, 2026, order granting

Appellee Laredo Independent School District’s motion for summary judgment. In her original

petition, Martinez sued Laredo Independent School District, the City of Laredo, Webb County and

33 Real Construction, LLC. The trial court subsequently granted 33 Real Construction, LLC’s

motion for summary judgment and dismissed Martinez’s claim against it. The trial court also

granted Laredo Independent School District’s motion for summary judgment and dismissed 04-26-00342-CV

Martinez’s claim against it. It appears, though, that the claims against the City of Laredo and Webb

County remain pending before the trial court.

Appellate courts have jurisdiction only over final judgments and appealable interlocutory

orders. CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011); see TEX. CIV. PRAC. & REM.

CODE § 51.014. When, as here, there has not been a conventional trial on the merits, courts will

deem a judgment to be final if: (1) it actually disposes of every pending claim and party , or (2) it

clearly and unequivocally states that it finally disposes of all claims and parties, even if it does not

actually do so. Patel v. Nations Renovations, LLC, 661 S.W.3d 151, 154 (Tex. 2023) (per curium)

(citing In re Guardianship of Jones, 629 S.W.3d 921, 924 (Tex. 2021); Lehmann v. Har-Con

Corp., 39 S.W.3d at 192-93 (Tex. 2001). Here, the order granting summary judgment in favor of

the Laredo Independent School District does not satisfy either of these requirements. The order

does not dispose of all parties to this suit and it contains no language of finality. See Lehmann, 39

S.W.3d at 203-06 (noting that if the record reveals the existence of parties or claims not mentioned

in the order, the order is not final).

Accordingly, this court ordered Martinez to show cause in writing why this appeal should

not be dismissed for lack of jurisdiction, explaining the lack of a final judgment or an appealable

interlocutory order. Martinez did not respond to our order. We therefore dismiss this appeal for

lack of jurisdiction. See TEX. R. APP. P. 42.3(a),(c).

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