Fourth Court of Appeals
San Antonio, Texas
October 10, 2014
No. 04-14-00641-CV
Robert MARX and Debbie Marx,
Appellants
v.
FDP, LP,
Appellee
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. 12-03-0101-CVW
Honorable Stella Saxon, Judge Presiding
ORDER
The underlying lawsuit originally involved two plaintiffs and three defendants. Both
plaintiffs filed a Notice of Nonsuit against one of the defendants, Diego Lopez, on April 8, 2013.
On July 9, 2014, one of the plaintiffs, FDP, LP filed a motion for summary judgment, which was
granted on August 11, 2014. The two remaining defendants seek to appeal this judgment.
Although the clerk’s record reflects a nonsuit of one defendant, nothing in the record indicates
the status of the second plaintiff, Larry Friesenhahn. Therefore, because one of the parties has
not been disposed of, it appears the August 11, 2014, judgment is interlocutory because it does
not dispose of Larry Friesenhahn’s claims against defendants/appellants. An order or judgment
is final when it disposes of all claims asserted by and against all parties. Martinez v. Humble
Sand & Gravel, Inc., 875 S.W.2d 311, 312 (Tex. 1994); New York Underwriters Ins. Co. v.
Sanchez, 799 S.W.2d 677, 678-79 (Tex. 1990).
Because this court may lack jurisdiction over this appeal, appellants are hereby
ORDERED to show cause in writing no later than October 23, 2014, why this appeal should not
be dismissed for lack of jurisdiction. All other appellate deadlines are HELD IN ABEYANCE
pending further order of this court.
_________________________________
Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 10th day of October, 2014.
___________________________________
Keith E. Hottle
Clerk of Court