in the Interest of D.S., a Minor Child ( 2019 )

DISMISS; and Opinion Filed August 12, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00484-CV
IN THE INTEREST OF D.S., A CHILD
On Appeal from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-16-14244
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Schenck
By letter dated June 4, 2019, the Court questioned its jurisdiction over this appeal as there
does not appear to be a final judgment. We instructed the parties to file letter briefs addressing
our concern. The parties complied.
Generally, appellate courts have jurisdiction only over appeals from final judgments. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that
disposes of all parties and claims. See id.
On January 29, 2019, the trial court signed two orders. In the first order, the trial court
ordered a bifurcated trial on the issue on the validity and enforceability of the alleged partition
and exchange agreement between the parties. In that order, the trial court stated that “all issues
of or relating to a just and right division of the estate, and enforcement of the premarital
agreement, are expressly reserved.” In the second order that is the subject of this appeal, the
trial court disposed of the issue relating to the alleged partition and exchange agreement and
determined that it was not valid. In this order, the trial court states: “IT IS ORDERED that this
is a final Order that disposes of the sole issue of whether the Partition and Exchange agreement
relied upon by Respondent is not valid or enforceable, is a final Order is all respects, and is
appealable.”
In their respective letter briefs, the parties agree the judgment is not final. Appellant
explains that he appealed out of an “abundance of caution.” Appellant was concerned that
because of the finality language in the appealed order, the order for a bifurcated trial could be
construed as a severance order. A separate trial and a severance are two different procedures.
See In re Ben E. Keith Co., 198 S.W.3d 844, 850 (Tex. App.—Fort Worth 2006, orig.
proceeding). A severance order divides a lawsuit into two or more separate and independent
causes, and a judgment that disposes of all parties and issues in one of the severed causes is a
final and appealable order. See Hall v. City of Austin, 450 S.W.2d 836, 837–38 (Tex. 1970). An
order for a separate trial, however, leaves the lawsuit intact but results in one trial with separate
parts. See id. at 838.
The appealed order is not a final judgment as issues relating to a just and right division of
the estate and enforcement of the premarital agreement remain to be resolved. Accordingly, we
dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
190484F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF D.S., A CHILD On Appeal from the 301st Judicial District
Court, Dallas County, Texas
No. 05-19-00484-CV Trial Court Cause No. DF-16-14244.
Opinion delivered by Justice Schenck.
Justices Osborne and Reichek participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee DAWN WEEKS SPALDING recover her costs of this
appeal from appellant STEPHEN SPALDING.
Judgment entered this 12th day of August, 2019.
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