Allied Collision Center Inc. v. Ewemade Ozigbo ( 2017 )

Opinion issued April 27, 2017
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-01015-CV
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ALLIED COLLISION CENTER INC., Appellant
V.
EWEMADE OZIGBO, Appellee
On Appeal from the 215th District Court
Harris County, Texas
Trial Court Case No. 2014-37834
MEMORANDUM OPINION
Allied Collision Center Inc. filed a notice of appeal attempting to appeal
from the trial court’s September 1, 2015 judgment, which awarded “costs and
attorney’s fees as allowed by law” but did not award a specific dollar amount of
costs or attorney’s fees. Because we conclude that the judgment is interlocutory,
we dismiss this appeal for want of jurisdiction.
This court has jurisdiction only over appeals from final judgments and those
interlocutory orders specifically authorized by statute. See CMH Homes v. Perez,
340 S.W.3d 444, 447–48 (Tex. 2011). “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.” Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.
2001). One reason why an order may not constitute a final judgment for these
purposes is if it fails to resolve a request for attorney’s fees. E.g., Farm Bureau
Cty. Mut. Ins. Co. v. Rogers, 455 S.W.3d 161, 162 (Tex. 2015) (per curiam). The
judgment that Allied Collision Center seeks to appeal is neither a final judgment,
nor does it give rise to an interlocutory appeal authorized by statute.
We abated the appeal to afford the trial court an opportunity to clarify and
modify its order to make it final. The trial court has not amended the judgment. We
notified Allied Collision Center that the appeal could be dismissed unless it timely
filed a response demonstrating this court’s jurisdiction over the appeal. See TEX. R.
APP. P. 42.3(a), 43.2(f). Allied Collision Center did not respond.
Because the appealed judgment is not final, we dismiss this appeal for want
of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).
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PER CURIAM
Panel consists of Justices Massengale, Brown, and Huddle.
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