Kenneth Hill v. Domingo Carrillo

Opinion issued August 28, 2008


 



     







In The

Court of Appeals

For The

First District of Texas





NO. 01-08-00468-CV





KENNETH HILL, Appellant


v.


DOMINGO CARRILLO, DEBRA GREEN, SYLVIA GLENN, KATHRYN BELL, RICHARD TRINCI, LEOBARDO OCHOA, PAMELA LARA, AND JAMES THOMAS, Appellees





On Appeal from the 412th District Court

Brazoria County, Texas

Trial Court Cause No. 37694





MEMORANDUM OPINION


          Appellees, Domingo Carrillo, Debra Green, Sylvia Glenn, Kathryn Bell, Richard Trinci, Leobardo Ochoa, Pamela Lara, and James Thomas have a filed a motion to dismiss this appeal. Appellees contend that the order granting summary judgment, from which appellant, Kenneth Hill, appeals, is not a final, appealable judgment. Because we agree with appellees, we dismiss the appeal for lack of jurisdiction.

          On March 6, 2008, the trial court signed an order granting the motion for summary judgment filed by Carillo, Green, Glenn, and Bell. Trinci, Ochoa, Lara and Thomas were not summary judgment movants, and appellant’s claims against them remained pending after the motion for summary judgment was granted.

          On April 9, 2008, the trial court signed an amended order clarifying that the summary judgment was limited to appellant’s claims against Carillo, Green, Glenn, and Bell. The amended order expressly stated that it was interlocutory. The amended order further clarified that appellant’s claims against Trinci, Ochoa, Lara, and Thomas remained pending. On May 21, 2008, appellant filed his notice of appeal in which he specified that he was appealing the March 6, 2008 order granting summary judgment.

          Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001). A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record. Id. As recognized by the trial court in the amended order, the order granting summary judgment in favor of Carillo, Green, Glenn, and Bell does not dispose of all parties and all claims and is therefore interlocutory.

          Because the order granting summary judgment is not a final, appealable order, we grant appellees’ motion to dismiss and dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f)

PER CURIAM

Panel consists of Chief Justice Radack and Justices Nuchia and Higley.