Adam J. Villanueva v. Lazarus Energy Holdings, LLC ( 2023 )

NUMBER 13-22-00137-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
ADAM J. VILLANUEVA, Appellant,
v.
LAZARUS ENERGY HOLDINGS, LLC, Appellee.
On appeal from the 2nd 25th District Court
of Gonzales County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Silva
Order Per Curiam
Appellant Adam J. Villanueva sued appellee Lazarus Energy Holdings, LLC on
January 30, 2020, asserting a claim of negligent undertaking arising out of a workplace
accident. On October 28, 2021, Lazarus filed a motion for summary judgment. Villanueva
then filed an amended petition on December 13, 2021, asserting additional causes of
action against Lazarus for premises liability and ordinary negligence. The trial court
granted Lazarus’s summary judgment motion, and Villanueva asserts on appeal that the
trial court erred in doing so.
Generally, an appeal may only be taken from a final judgment, unless an
interlocutory appeal is authorized by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191,
195 (Tex. 2001). “[W]hen 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.” Id. at 205.
The judgment on appeal states, in its entirety, as follows:
On this 2nd day of February, 2022[,] came to be heard Defendant’s
Traditional and No Evidence Motion for Summary Judgment. After
examination of the evidence and hearing arguments of counsel the court
hereby decrees as follows:
It is ADJUDGED AND DECREED that Plaintiff Adam J. VILLANUEVA[] take
nothing against Defendant LAZARUS ENERGY HOLDINGS, LLC on all
claims asserted herein. Costs of court are taxed against the party incurring
them[.]
SIGNED THIS 9th day of March, 2022.
Although the judgment was clearly intended to dispose of Villanueva’s negligent
undertaking claim, it is unclear whether it was also intended to dispose of Villanueva’s
claims for premises liability and ordinary negligence, which were first raised after Lazarus
filed its summary judgment motion and were not explicitly addressed in that motion.
In light of the foregoing, we hereby ABATE the appeal and REMAND the cause to
the trial court for clarification as to the finality of the judgment. Within thirty (30) days from
the date of this order: (1) the trial court shall render a modified judgment clearly and
unequivocally stating whether the judgment disposes of all pending claims and parties
and is final and appealable; and (2) the trial court clerk shall cause a copy of the modified
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judgment to be included in a supplemental clerk’s record and filed with the Clerk of this
Court. The appeal will be reinstated upon receipt of the modified judgment or upon further
order of this Court.
PER CURIAM
Delivered and filed on the
17th day of January, 2023.
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