Davie Harrison v. State Farm Mutual Automobile Insurance Co. ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00437-CV
___________________________
DAVIE HARRISON, Appellant
V.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellee
On Appeal from the 348th District Court
Tarrant County, Texas
Trial Court No. 348-299043-18
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Davie Harrison attempts to appeal from four interlocutory orders signed on
October 24, 2019: separate orders denying Harrison’s motion to reconsider and
motion to vacate an August 15, 2019 order that granted defendant State Farm Mutual
Automobile Insurance Company’s plea to the jurisdiction and dismissed Harrison’s
claims against State Farm; an order denying Harrison’s motion for sanctions against
State Farm; and an order denying Harrison’s motion for a default judgment against
State Farm.
We have jurisdiction over appeals from final judgments and from specific types
of interlocutory orders made appealable by statute. Lehmann v. Har–Con Corp., 39
S.W.3d 191, 195 (Tex. 2001); see, e.g., Tex. Civ. Prac. & Rem. Code Ann. § 51.014. To
be final and appealable, a judgment must dispose of all parties and all issues. Lehmann,
39 S.W.3d at 195.
Although the trial court dismissed the suit against State Farm, that order is not
final because the trial court has not disposed of Harrison’s claims against other
defendants. Although Harrison has filed a motion to sever the claims against State
Farm, the trial court has not ruled on that motion. Thus, the order dismissing State
Farm is not final. And no statute allows an interlocutory appeal from the trial court’s
order granting a plea to the jurisdiction and dismissing claims against a party other
than a governmental unit. Cf. Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8).
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Accordingly, we dismiss Harrison’s appeal for want of jurisdiction. See Tex. R.
App. P. 42.3(a), 43.2(f).
Per Curiam
Delivered: January 9, 2020
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