Bryce Elliott v. Andrew R. Davis and Carrie Micheke Cannon-Davis ( 2022 )


Menu:
  •                                  COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    ORDER
    Appellate case name:      Bryce Elliott v. Andrew R. Davis and Carrie Michele Cannon-Davis
    Appellate case number:    01-21-00673-CV
    Trial court case number: 2020-83028
    Trial court:              55th District Court of Harris County
    A question about this Court’s jurisdiction has arisen from our review of the record, which
    indicates that the trial court has not rendered a final judgment in this case because neither of the
    trial court’s summary-judgment orders disposes of Carrie Michele Cannon-Davis’s claim for
    attorney’s fees and neither order includes finality language. See, e.g., Lehmann v. Har-Con
    Corp., 
    39 S.W.3d 191
    , 206 (Tex. 2001) (“A statement like, ‘This judgment finally disposes of all
    parties and all claims and is appealable,’ would leave no doubt about the court’s intention.”).
    The Court intends to dismiss this appeal for want of jurisdiction. The parties are ordered
    to file a response to this order indicating why this Court should not dismiss this appeal for want
    of jurisdiction. See TEX. R. APP. P. 42.3(a). The parties’ responses must be filed no later than
    January 2, 2023.
    It is so ORDERED.
    Judge’s signature: ____/s/ Peter Kelly_____________
     Acting individually  Acting for the Court
    Panel consists of Chief Justice Radack, and Justices Kelly and Farris.
    Date: _December 15, 2022_______
    

Document Info

Docket Number: 01-21-00673-CV

Filed Date: 12/15/2022

Precedential Status: Precedential

Modified Date: 12/19/2022