Claudia Islem Deciga v. Pavecon Ltd., Co. ( 2022 )

NUMBER 13-22-00064-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
CLAUDIA ISLEM DECIGA, Appellant,
v.
PAVECON LTD., CO. Appellee.
____________________________________________________________
On appeal from the 103rd District Court
of Cameron County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Longoria, Hinojosa, and Silva
Memorandum Opinion by Justice Longoria
Appellant Claudia Islem Deciga attempted to appeal the trial court’s order granting
Pavecon Ltd., Co.’s motion for summary judgment in this case. Upon review of the
documents before the Court, it appeared that the order from which this appeal was taken
was not a final appealable order. “[A]n 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 parties.” Lehmann v. Har-
Con Corp., 39 S.W.3d 191, 205 (Tex. 2001). Pavecon Public Works GP LLC, Pavecon
LTD, Do. and H-E-B, LP are each listed as defendants in the underlying cause, but the
trial court’s order only granted summary judgment and dismissed Pavecon Public Works
GP LLC and Pavecon Ltd., Co. Appellant filed responses to the defect notice, but the
responses did not cure the defect; the jurisdictional defect of a no final, appealable order
remains.
Absent an appealable interlocutory order or final judgment, this Court has no
jurisdiction over this appeal. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n. 1 (Tex.
2007); Lehmann, 39 S.W.3d at 195. The Court, having considered the documents on file,
both appellant and appellee’s responses and replies to the defect notice, and appellant’s
failure to correct the defect in this matter, is of the opinion that the appeal should be
dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Accordingly, the appeal is
dismissed for want of jurisdiction. See id. R. 42.3(a),(c).
NORA L. LONGORIA
Justice
Delivered and filed on the
5th day of May, 2022.
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