Rudy Neira v. Sheryl Scully and Richard Hovenden

Opinion

Fourth Court of Appeals

San Antonio, Texas

January 23, 2015

No. 04-14-00687-CV

Rudy NEIRA,

Appellant

v.

Sheryl SCULLY and Richard Hovenden, Appellees

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2014-CI-05034 John D. Gabriel Jr., Judge Presiding

ORDER

Appellant Rudy Neira seeks to appeal from an “Order Granting Defendant Sheryl Sculley’s Motion for Summary Judgment” signed on September 14, 2014. We issued an order directing appellant to show cause why the summary judgment order is not interlocutory, and why this appeal should not be dismissed for lack of jurisdiction. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988); see also Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). After considering appellant’s response in support of jurisdiction, we agree that the order at issue finally disposed of all parties and claims in the lawsuit because the remaining named defendant was never served with citation and did not waive service or make an appearance in the case. See M.O. Dental Lab v. Rape, 139 S.W.3d 671, 674 (Tex. 2004). Therefore, the summary judgment order is final and appealable. Id.; Lehmann, 39 S.W.3d at 200.

Accordingly, we conclude that we have jurisdiction over this appeal and ORDER that the appeal be retained on the court’s docket. The appellant’s brief is due thirty (30) days after the date of this order.

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Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of January, 2015.

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Keith E. Hottle Clerk of Court