Tephney Traweek v. William Ray Long ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00327-CV
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TEPHNEY TRAWEEK, Appellant
V.
WILLIAM RAY LONG, Appellee
On Appeal from the 355th District Court
Hood County, Texas
Trial Court No. C2018478
Before Wallach, J.; Sudderth, C.J.; and Gabriel, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Tephney Traweek attempts to appeal from the trial court’s “Order on
Defendant’s Traditional Motion for Partial Summary Judgment.” The order grants
partial summary judgment in favor of William Ray Long on claims related to a motor
vehicle accident that Traweek brought against him in her individual capacity. The trial
court’s order further states that “[t]he claims brought by Tephney Traweek as next
friend of B.A., a minor, shall proceed to trial.”
We have jurisdiction to consider appeals only from final judgments or from
specific types of interlocutory orders. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,
200 (Tex. 2001); see also Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (listing
permissible interlocutory appeals). A final judgment is one that disposes of every
pending claim and party. Lehmann, 39 S.W.3d at 200 (explaining that a judgment is
final for purposes of appeal if it (1) actually disposes of all claims and parties or
(2) states with unmistakable clarity that it is a final judgment).
The order leaves claims pending in the trial court and does not appear to be an
appealable interlocutory order. Accordingly, on September 18, 2019, this court
notified Traweek that we were concerned that we may not have jurisdiction over this
appeal because the trial court’s order did not appear to be a final judgment or an
appealable interlocutory order. We cautioned her that unless she or any party desiring
to continue the appeal filed with the court, on or before September 30, 2019, a
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response showing grounds for continuing this appeal, the appeal might be dismissed
for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.
We have received no response. We therefore dismiss Traweek’s attempted
appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
Per Curiam
Delivered: October 17, 2019
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