Nathan Winfield, Sr. and Barbara Winfield v. Eagle Ranch Homeowners Association ( 2023 )

Appeal Dismissed and Memorandum Opinion filed June 20, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00353-CV
NATHAN WINFIELD, SR. AND BARBARA WINFIELD, Appellants
V.
EAGLE RANCH HOMEOWNERS ASSOCIATION, Appellee
On Appeal from the 151st District Court
Harris County, Texas
Trial Court Cause No. 2021-23010
MEMORANDUM OPINION
This is an attempted appeal from an order signed May 8, 2023 granting a
motion to enforce a settlement agreement. Generally, appeals may be taken only
from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
When orders do not dispose of all pending parties and claims, the orders remain
interlocutory and unappealable until final judgment is rendered unless a statutory
exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex.
2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig.
proceeding). By its terms, the order did not dispose of the underlying trial court
proceeding. Cf. B.Z.B., Inc. v. Clark, 273 S.W.3d 899, 902 (Tex. App.—Houston
[14th Dist.] 2008, no pet.) (holding an order granting a motion to enforce a settlement
agreement was final and appealable when the appellate record did not indicate there
were any “unresolved issues or parties”).
On June 1, 2023, notification was transmitted to the parties that the appeal
was subject to dismissal without further notice unless any party demonstrated this
court has jurisdiction over the appeal on or before June 12, 2023. See Tex. R. App.
P. 4.1(a), 42.3(a). No party has filed a response.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Zimmerer and Poissant.
2