debbie-echols-and-rhonda-echols-v-gulledge-sons-llc-patrick-simmons ( 2012 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00185-CV
DEBBIE ECHOLS AND RHONDA ECHOLS,
Appellants
v.
GULLEDGE & SONS, LLC,
PATRICK SIMMONS, MARTHA LYNCH,
GROESBECK ABSTRACT & TITLE CO., INC.,
AND CANNON & SIMMONS (CANNON & WILSON, PC),
Appellees
From the 87th District Court
Limestone County, Texas
Trial Court No. 29,385A
MEMORANDUM OPINION
Debbie Echols and Rhonda Echols filed three separate lawsuits arising out of a
1996 real estate transaction. The trial court consolidated the three lawsuits resulting in
one lawsuit, Cause No. 29,385-A, Debbie Echols and Rhonda Echols v. Gulledge and
Sons, L.L.C.; Groesbeck Abstract & Title Co., Inc., D/B/A Limestone County Title
Company; Patrick Simmons, Martha Lynch, and Cannon & Simmons (now known as
Cannon & Wilson, P.C.). The Echols filed a motion for partial summary judgment
against the defendants, and that motion was denied on April 27, 2012. On that same
day, the trial court granted the summary judgment motion of Patrick Simmons, Martha
Lynch, and Cannon & Wilson P.C. The Echols appeal from the trial court’s order
granting the summary judgment motion.
The general rule, with a few mostly statutory exceptions, is that an appeal may
be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.
2001). A judgment is final for purposes of appeal if it disposes of all pending parties
and claims in the record, except as necessary to carry out the decree. Id. When there
has not been a conventional trial on the merits, an order or judgment is not final for
purposes of appeal unless it actually disposes of every pending claim and party or
unless it clearly and unequivocally states that it finally disposes of all claims and all
parties. Lehmann v. Har-Con Corp., 39 S.W.3d at 205.
The trial court’s April 27 Order states, “Plaintiffs shall take nothing by their
claims against Defendants Patrick Simmons, Martha Lynch, and Cannon & Wilson,
P.C.” Nothing in the Order indicates that it is a final judgment, and it did not dispose
of all the parties and claims in this case. The Echols’ claims against Gulledge and Sons,
L.L.C. and Groesbeck Abstract & Title are still pending in the trial court. Therefore, the
Order granting the motion for summary judgment of Patrick Simmons, Martha Lynch,
and Cannon & Wilson, P.C. is not a final appealable order, and this Court lacks
jurisdiction to consider this appeal.
Echols v. Gulledge & Sons, LLC Page 2
Patrick Simmons, Martha Lynch, and Cannon & Wilson, P.C. filed a motion to
dismiss for want of jurisdiction. That motion is granted, and the appeal is dismissed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted; appeal dismissed
Opinion delivered and filed August 30, 2012
[CV06]
Echols v. Gulledge & Sons, LLC Page 3