Springer v. Spruiell

Texas Supreme Court

Springer v. Spruiell

866 S.W.2d 592, 37 Tex. Sup. Ct. J. 204, 1993 Tex. LEXIS 139, 1993 WL 483519

CourtTexas Supreme Court

DecidedNovember 24, 1993

DocketD-3803, D-3804

StatusPublished

Cited by7 cases

This text of 866 S.W.2d 592 (Springer v. Spruiell) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Springer v. Spruiell, 866 S.W.2d 592, 37 Tex. Sup. Ct. J. 204, 1993 Tex. LEXIS 139, 1993 WL 483519 (Tex. 1993).

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Opinion

*593 PER CURIAM.

The court of appeals consolidated these two appeals and dismissed them for want of jurisdiction as appeals of interlocutory orders. In its originally unpublished opinion the court of appeals concluded that summary judgments reciting that plaintiffs “have and recover nothing” do not dispose of all claims asserted by plaintiffs because summary judgment procedure does not presume all issues and claims are reached. 866 S.W.2d 626. Since that court’s disposition, however, we have issued our opinion in Mafrige v. Ross, 866 S.W.2d 590 (Tex.1993), which holds that such express language purporting to dispose of all claims makes the summary judgment final and appealable. Without hearing argument, a majority of the court grants the applications for writ of error, reverses the judgments of the court of appeals dismissing the appeals, and remands the causes, as consolidated, to the court of appeals for further proceedings consistent with this opinion and Mafrige. Tex.R.App.P. 170.

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*593 PER CURIAM.

The court of appeals consolidated these two appeals and dismissed them for want of jurisdiction as appeals of interlocutory orders. In its originally unpublished opinion the court of appeals concluded that summary judgments reciting that plaintiffs “have and recover nothing” do not dispose of all claims asserted by plaintiffs because summary judgment procedure does not presume all issues and claims are reached. 866 S.W.2d 626. Since that court’s disposition, however, we have issued our opinion in Mafrige v. Ross, 866 S.W.2d 590 (Tex.1993), which holds that such express language purporting to dispose of all claims makes the summary judgment final and appealable. Without hearing argument, a majority of the court grants the applications for writ of error, reverses the judgments of the court of appeals dismissing the appeals, and remands the causes, as consolidated, to the court of appeals for further proceedings consistent with this opinion and Mafrige. Tex.R.App.P. 170.

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Bluebook (online)

866 S.W.2d 592, 37 Tex. Sup. Ct. J. 204, 1993 Tex. LEXIS 139, 1993 WL 483519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springer-v-spruiell-tex-1993.

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