In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-20-00263-CV
TIMOTHY CASTLEMAN AND CASTLEMAN CONSULTING, LLC, APPELLANTS
V.
INTERNET MONEY LIMITED D/B/A THE OFFLINE ASSISTANT AND KEVIN
O’CONNOR, INDIVIDUALLY, APPELLEES
No. 07-20-00264-CV
IN RE TIMOTHY CASTLEMAN AND CASTLEMAN CONSULTING, LLC, RELATORS
November 23, 2020
ORDER
Before QUINN, C.J., PARKER, and DOSS, JJ.
Internet Money Limited d/b/a The Offline Assistant and Kevin O’Connor (Offline)
moved to dismiss the above-numbered consolidated proceedings. The latter concern the
denial of a temporary injunction, an interlocutory appeal therefrom, and a petition for a
writ of injunction to preserve the jurisdiction of this Court pending disposition of the
interlocutory appeal. Offline asserts that the trial court’s entry, subsequent to Castleman
filing the above referenced proceedings, of a final order or summary judgment rendered
both proceedings moot. We deny the motion without prejudice.
The motion to dismiss is founded upon the existence of a final order or summary
judgment entered by the trial court in the underlying cause, No. 2020-540288. The trial
court did sign, on October 29, 2020, an order granting Offline’s motion for summary
judgment. It stated:
On October 14, 2020, the Court having considered [Offline’s]
Motion for Summary Judgment to be in proper form . . . the
Court after reviewing the pleadings, motions, exhibits, and
responses on file, is of the opinion that the Motion for
Summary Judgment should be granted.
IT IS, THEREFORE, ORDERED that the . . . Motion for
Summary Judgment is Granted.
SO ORDERED.
Nowhere in the order is there any declaration as to whether any party was granted
or denied final relief, in whole or in part, or whether there remains any unresolved issue
pending in the trial court. The writing, which demonstrates only the trial court’s ruling viz
a motion, is neither a final appealable order nor a final appealable summary judgment for
the reasons described in our opinion in Cause No. 07-20-00312-CV, styled Timothy
Castleman, et al. v. Internet Money Ltd., et al. It fails to adjudicate the rights involved or
evince a final result recognized by the law. Consequently, the foundation to the pending
motion is lacking.
We deny the motion to dismiss without prejudice to refiling same if the trial court
enters a final, appealable order or summary judgment in the underlying cause.
Per Curiam
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