Rueben Mendoza v. Fort Worth Housing Authority ( 2013 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00118-CV
RUEBEN MENDOZA APPELLANT
V.
FORT WORTH HOUSING APPELLEE
AUTHORITY
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FROM THE 352ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant Rueben Mendoza attempts to appeal from an April 3, 2013 order
granting Appellee Fort Worth Housing Authority’s no-evidence motion for
summary judgment and motion to dismiss. On April 9, 2013, we notified
Mendoza of our concern that we lack jurisdiction over this appeal because the
April 3, 2013 order is neither a final judgment nor an appealable interlocutory
1
See Tex. R. App. P. 47.4.
order—it does not dispose of Ameritex Security, another defendant in the case.
We informed Mendoza that the appeal may be dismissed for want of jurisdiction
unless he or any party desiring to continue the appeal filed a response by
April 19, 2013, showing grounds for continuing the appeal. Mendoza filed an
amended notice of appeal but not a specific response to our jurisdictional inquiry.
Absent an interlocutory appeal that is specifically authorized by the
constitution or a statute, an order or judgment is not final for purposes of appeal
unless it actually disposes of every pending claim and party or clearly and
unequivocally states that it finally disposes of all claims and parties. Lehmann v.
Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001). Because the April 3, 2013
order did not dispose of the other defendant, it is not a final, appealable order.
See id. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R.
App. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.
DELIVERED: May 30, 2013