Jack Carpenter v. Ina Claire Watson, Individually and as Trustee of the Frank and Ina Watson Family Living Trust ( 2022 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-22-00216-CV
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JACK CARPENTER, Appellant
V.
INA CLAIRE WATSON, INDIVIDUALLY AND AS TRUSTEE OF THE
FRANK AND INA WATSON FAMILY LIVING TRUST, Appellee
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On Appeal from the 258th District Court
San Jacinto County, Texas
Trial Cause No. CV14,744
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MEMORANDUM OPINION
Appellant Jack Carpenter and Appellee Ina Claire Watson, Individually and
as Trustee of the Frank and Ina Watson Family Living Trust, filed a Joint Motion to
Dismiss Without Prejudice. The parties have agreed that the trial court’s order
granting Appellee’s Motion for Summary Judgment is an interlocutory order.
On February 22, 2022, the trial court signed an order that granted Watson’s
motion for a no-evidence summary judgment and dismissed Carpenter’s affirmative
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defenses of “limitations, collateral estoppel, waiver, and laches[.]” On June 8, 2022,
the trial court signed an order that dismissed Carpenter’s claims that he “acquired
superior title to the property in dispute . . . by limitation by adversely possessing the
property in dispute[.]” The trial court’s orders lack language that clearly and
unequivocally demonstrates that the trial court intended the order to completely
dispose of the entire case. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex.
2001).
Through their joint motion, Carpenter and Watson agree that the appeal
should be dismissed because the trial court has not signed a final judgment that
disposes of every pending claim and party before the trial court. See Tex. R. App. P.
42.1(a)(2). Accordingly, we dismiss the appeal for lack of jurisdiction. See Tex. R.
App. P. 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on November 2, 2022
Opinion Delivered November 3, 2022
Before Golemon, C.J., Kreger and Horton, JJ.
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