DISMISS and Opinion Filed November 23, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00766-CV
ROBERT LYNN LLOYD, Appellant
V.
GAIL PHILLIPS MIZER, STEPHEN MIZER, AND
STEPHEN JACK MIZER, Appellees
On Appeal from the 471st Judicial District Court
Collin County, Texas
Trial Court Cause No. 471-03228-2020
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Garcia
Opinion by Justice Garcia
The Court questioned its jurisdiction over this appeal because there does not
appear to be a final judgment or other appealable order. We directed appellant to
file a letter brief addressing our concern with an opportunity for appellees to file a
response. Appellant has complied.
Generally, this Court has jurisdiction over final judgments and certain
interlocutory orders as permitted by statute. See Lehmann v. Har–Con Corp., 39
S.W.3d 191, 195 (Tex. 2001); see also TEX. CIV. PRAC. & REM. CODE ANN. §
51.014(a) (listing appealable interlocutory orders). A final judgment is one that
disposes of all parties and claims. See Lehmann, 39 S.W.3d at 195.
Gail Phillips Mizer sued appellant. Appellant filed counterclaims against Ms.
Mizer and third-party claims against Stephen Mizer and Stephen Jack Mizer. In his
notice of appeal, appellant states he is appealing “the final judgment rendered on
August 2, 2021.” The trial court signed two orders on August 2 – (1) granting Ms.
Mizer’s motion for summary judgment on appellant’s counterclaims1 and (2)
granting third-party defendant Stephen Mizer’s motion for summary judgment.
Although Stephen Mizer asserted a counterclaim for attorney’s fees, the trial court’s
order does not dispose of it. Thus, appellant’s third-party claims against Stephen
Jack Mizer and Stephen Mizer’s counterclaim for attorney’s fees remain pending.
Appellant filed a letter brief wherein he acknowledged no final judgment has
been signed, noting that neither of the two orders appealed contained finality
language and that he would remove the “stumbling block” regarding Stephen Jack
Mizer “by the time the case is re-offered for appeal.” Because no final judgment has
been rendered, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P.
42.3(a).
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
210766F.P05
1
Subsequently, Ms. Mizer filed a notice of nonsuit on all her claims against appellant. By order signed
on August 31, 2021, the trial court granted the nonsuit.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ROBERT LYNN LLOYD, Appellant On Appeal from the 471st Judicial
District Court, Collin County, Texas
No. 05-21-00766-CV V. Trial Court Cause No. 471-03228-
2020.
GAIL PHILLIPS MIZER, STEPHEN Opinion delivered by Justice Garcia.
MIZER, AND STEPHEN JACK Justices Myers and Molberg
MIZER, Appellees participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees GAIL PHILLIPS MIZER, STEPHEN
MIZER, AND STEPHEN JACK MIZER recover their costs of this appeal from
appellant ROBERT LYNN LLOYD.
Judgment entered November 23, 2021
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