In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00468-CV
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JAMES K. COLLINS AND TONI SHARRETTS COLLINS, Appellants
V.
D.R. HORTON-TEXAS LTD, Appellee
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On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 15-04-04236-CV
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MEMORANDUM OPINION
James K. Collins and Toni Sharretts Collins filed a notice of appeal from an
order granting a motion for partial summary judgment. The appellee, D.R. Horton-
Texas LTD, filed a motion to dismiss because the order being appealed did not
dispose of all pending parties and claims. See Lehmann v. Har-Con Corp., 39
S.W.3d 191, 195 (Tex. 2001). The Collinses argue the trial court’s order granted
more relief than requested but functioned as a final order. See id. at 206. The order
in question states that the Collinses “take nothing on their claims related in any
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manner to the Frederick Sieberman Survey A-497, Montgomery County, Texas.”
The order neither disposes of the appellee’s claims for affirmative relief nor states
with unmistakable clarity that it is a final judgment. See id. at 192-93. We conclude
the trial court has not signed an appealable interlocutory order or a final judgment.
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f).
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Submitted on January 25, 2017
Opinion Delivered January 26, 2017
Before Kreger, Horton, and Johnson, JJ.
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