DISMISS and Opinion Filed March 17, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00012-CV
JERRY CHAMBERS, MARSHA CHAMBERS, AND JASON CHAMBERS, Appellants
V.
SHERRIE SLAYTON, WILLIAM C. BARNEY, LANDOWNER PER
COUNTY TAX OFFICE, RODNEY MCCLINTOCK,
KENNETH MCCLINTOCK, AND PRESTON JEMMOTT,
HEIRS AND POSSESSORS PER COUNTY CLERK’S RECORDS, Appellees
On Appeal from the 422nd Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 81338-422
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Brown
Opinion by Chief Justice Wright
Appellants have two related appeals pending before this Court as appellate cause
numbers 05-14-00012-CV and 05-14-00065-CV. In a letter dated January 31, 2014, the Court
questioned its jurisdiction over appellants’ appeal in cause number 05-14-00065-CV. We
requested that appellants file a letter brief addressing our concern. Appellants filed their
jurisdictional brief or in the alternative permission to file a motion to change appeal into petition
for writ of mandamus in both of the related appeals. Subject to correction of the cause number
listed on the trial court’s judgment, it appears that the Court has jurisdiction over cause number
05-12-00065-CV. This opinion addresses appellants’ appeal in cause number 05-14-00012-CV.
Generally, this Court has jurisdiction only over appeals from final judgments. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that
disposes of all pending parties and claims. See id.
Appellants sued numerous parties. In an order dated December 11, 2012, the trial court
severed appellants’ claims against Allstate Insurance Company into a new cause number. On
December 3, 2013, the trial court signed a final judgment in favor of Allstate Insurance
Company. Appellants’ claims against all other defendants remain pending. In their
jurisdictional brief, appellants concede that parties and claims remain pending in the trial court.
Because there is no final judgment, this Court lacks jurisdiction. Accordingly, we
dismiss the appeal. See TEX. R. APP. P. 42.3(a)(1). We deny appellants’ alternative request to
change the appeal into a petition for writ of mandamus as the requirements for a petition for writ
of mandamus have not been met. See TEX. R. APP. P. 52.
140012F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JERRY CHAMBERS, MARSHA On Appeal from the 422nd Judicial District
CHAMBERS, AND JASON CHAMBERS, Court, Kaufman County, Texas.
Appellants Trial Court Cause No. 81338-422.
Opinion delivered by Chief Justice Wright.
No. 05-14-00012-CV V. Justices Lang-Miers and Brown,
participating.
SHERRIE SLAYTON, WILLIAM C.
BARNEY, LANDOWNER PER COUNTY
TAX OFFICE, RODNEY MCCLINTOCK,
KENNETH MCCLINTOCK, AND
PRESTON JEMMOTT, HEIRS AND
POSSESSORS PER COUNTY CLERK’S
RECORDS, Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees, SHERRIE SLAYTON, WILLIAM C. BARNEY,
LANDOWNER PER COUNTY TAX OFFICE, RODNEY MCCLINTOCK, KENNETH
MCCLINTOCK, AND PRESTON JEMMOTT, HEIRS AND POSSESSORS PER COUNTY
CLERK’S RECORDS recover their costs of this appeal from appellants, JERRY CHAMBERS,
MARSHA CHAMBERS, AND JASON CHAMBERS.
Judgment entered March 17, 2014
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
–3–