Mercedez Uscanga and Robert Mares v. SCI Texas Funeral Services, Inc.d/b/a Brookside Memorial Park & Cemetery

Texas Supreme Court·Decided November 24, 2015·No. 14-15-00807-CV·Published

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed November 24, 2015.

In The

Fourteenth Court of Appeals

NO. 14-15-00807-CV

MERCEDEZ USCANGA AND ROBERT MARES, Appellants V.

SCI TEXAS FUNERAL SERVICES, INC. D/B/A BROOKSIDE MEMORIAL PARK & CEMETERY, Appellee

On Appeal from the 234th District Court Harris County, Texas

Trial Court Cause No. 2015-38906

MEMORANDUM OPINION

This is an attempted appeal from an order signed August 25, 2015. On October 26, 2015, appellee filed a motion to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant filed no response.

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 entered 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 appealed from in the case at bar does not dispose of all the issues raised in the pleadings. See Massey v. Massey, 01-02-00196-CV, 2003 WL 21665612, at *1, n.3 (Tex. App.—Houston [1st Dist.] July 17, 2003, pet. denied) (mem. op.) (recognizing that the order signed directing the disinterment became appealable when the subsequent order was entered directing the remains to be reinterred ). Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Jamison, McCally and Wise

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Mercedez Uscanga and Robert Mares v. SCI Texas Funeral Services, Inc.d/b/a Brookside Memorial Park & Cemetery, (Tex. 2015).

Mercedez Uscanga and Robert Mares v. SCI Texas Funeral Services, Inc.d/b/a Brookside Memorial Park & Cemetery (Mercedez Uscanga and Robert Mares v. SCI Texas Funeral Services, Inc.d/b/a Brookside Memorial Park & Cemetery) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lehmann v. Har-Con Corp.
39 S.W.3d 191 (Texas Supreme Court, 2001)
Bally Total Fitness Corp. v. Jackson
53 S.W.3d 352 (Texas Supreme Court, 2001)
Jack B. Anglin Co., Inc. v. Tipps
842 S.W.2d 266 (Texas Supreme Court, 1992)