Brooks Brazda v. Suretec Insurance Company ( 2021 )

DISMISS and Opinion Filed July 6, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00309-CV
BROOKS BRAZDA, Appellant
V.
SURETEC INSURANCE COMPANY, Appellee
On Appeal from the Probate Court No 3
Harris County, Texas
Trial Court Cause No. 413348-402
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Smith
Opinion by Justice Goldstein
We questioned our jurisdiction over this appeal from the trial court’s summary
judgment as the judgment did not appear to be final or appealable. See Lehmann v.
Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory
exceptions, appeal may only be taken from final judgment that disposes of all parties
and claims). As reflected in the clerk’s record, appellant Brooks Brazda filed the
underlying suit against Keith Morris, a non-party to the appeal, and appellee SureTec
Insurance Company. While the case was pending, Morris filed for bankruptcy and
obtained a discharge of his debts. The summary judgment on appeal was signed
subsequently and ordered Brazda take nothing on his claims against SureTec.
Although the trial court did not dispose of Brazda’s claims against Morris, Brazda
appealed.
In jurisdictional briefing filed at our request, Brazda asserts the summary
judgment is final and appealable because SureTec was the only remaining party with
potential liability once Morris’s debts were discharged. However, while a discharge
in bankruptcy releases a debtor from personal liability with respect to a discharged
debt, see Tenn. Student Assistance Corp. v. Hood, 541 U.S. 440, 447 (2004), it does
not result in an automatic dismissal of the debtor from a state suit on the debt.
In the absence of express language indicating the trial court intended to render
a final judgment disposing of all claims and parties, a summary judgment order that
adjudicates only some, but not all, claims is not final. Lehmann, 39 S.W.3d at 192-
93. The trial court here did not adjudicate Brazda’s claims against Morris, and the
appealed summary judgment does not state it is final or appealable. Accordingly,
on the record before us, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 42.3(a).
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
210309F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BROOKS BRAZDA, Appellant On Appeal from the Probate Court
No 3, Harris County, Texas
No. 05-21-00309-CV V. Trial Court Cause No. 413348-402.
Opinion delivered by Justice
SURETEC INSURANCE Goldstein, Justices Molberg and
COMPANY, Appellee Smith participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee SureTec Insurance Company recover its costs, if
any, of this appeal from appellant Brooks Brazda.
Judgment entered July 6, 2021
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