betty-ann-newby-v-judy-flanders-meryle-barnett-jeff-brain-charles ( 2005 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-04-00746-CV

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Betty Ann Newby, Appellant

v.

Judy Flanders, Meryle Barnett, Jeff Brain, Charles Gillingham, Pete Loftis,

Tom Edmonds, Chris Coffman, David Willard, Henry

Veach, and Larry Byrd, Appellees

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT

NO. GN401552, HONORABLE PATRICK O. KEEL, JUDGE PRESIDING

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  M E M O R A N D U M O P I N I O N

                        The trial court signed its order dismissing appellant’s claims against the above named appellees (the “Borger Defendants”) on August 26, 2004.   Appellant filed a motion to have her claims against the Borger Defendants reinstated on September 29 and filed her notice of appeal from the order on November 24, 2004. Having carefully reviewed the record, including all orders of dismissal and appellant’s notice of nonsuit against several defendants, it appears that the August 26 order is not a final and appealable order because appellant’s claims against several defendants remain alive in the trial court. Specifically, appellant named as defendants Jack Young, Larry Foster, Kenneth Coleman,   and Sam Biscoe,   and those putative defendants have not been dismissed or nonsuited from the cause.   Nor has appellant sought and obtained an order severing the dismissal of the Borger Defendants from the existing cause.

                        Based on our examination of the record, it appears that claims are yet pending against several defendants, and thus the order dismissing appellant’s claims against the Borger Defendants is not a final order from which appeal may be taken. See Park Place Hosp. v. Estate of Milo, 909 S.W.2d 508, 510 (Tex. 1995) (“All parties and all issues before the trial court must be disposed of before a summary judgment becomes final and appealable.”). We therefore dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3.

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                                                                        David Puryear, Justice

Before Chief Justice Law, Justices B. A. Smith and Puryear

Dismissed for Want of Jurisdiction

Filed: February 17, 2005