Aaron Mathew Estrada, Individually and Next Friend of M.K.L.E., a Minor v. Luke Mix, Maria Mix, Necole Stogsdill, Travas Stogsdill, and State Auto Insurance Companies ( 2023 )

Opinion filed July 7, 2023
In The
Eleventh Court of Appeals
___________
No. 11-23-00140-CV
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AARON MATTHEW ESTRADA, INDIVIDUALLY AND AS
NEXT FRIEND OF M.K.L.E., A MINOR, Appellant
V.
LUKE MIX, MARIA MIX, NECOLE STOGSDILL, TRAVAS
STOGSDILL, AND STATE AUTO INSURANCE COMPANIES
Appellees
On Appeal from the 220th District Court
Comanche County, Texas
Trial Court Cause No. CV14221
MEMORANDUM OPINION
Appellant, Aaron Matthew Estrada, filed a notice of appeal from the trial
court’s order granting the no-evidence motion for summary judgment in favor of
Appellees Luke Mix and Maria Mix, two of the defendants in the underlying lawsuit.
After this appeal was docketed, we informed Appellant that it did not appear that the
order from which Appellant attempted to appeal was final and appealable, and we
requested that Appellant provide this court with a response showing grounds to
continue this appeal. See TEX. R. APP. P. 42.3. In response, Appellant paid the filing
fee and filed a motion to dismiss the appeal “without prejudice” because he “no
longer wishes to proceed” against Appellees Luke Mix and Maria Mix.
Unless specifically authorized by statute, appeals may be taken only from
final judgments. Tex. A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840–41 (Tex.
2007); Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A judgment
is final and appealable if it disposes of all parties and all claims in the case.
Lehmann, 39 S.W.3d at 195. The order that Appellant attempts to appeal is not a
final, appealable order. See id. at 205–06 (a summary judgment is final and
appealable if “it actually disposes of every pending claim and party” or “clearly and
unequivocally states that it finally disposes of all claims and all parties”).
In response to our letter requesting Appellant to show grounds to continue,
Appellant filed a motion to dismiss this appeal “without prejudice.” See TEX. R.
APP. P. 42.1(a)(1). In his motion, Appellant states that he “no longer wishes to
proceed in this case against Appellees” Luke Mix and Maria Mix and requests that
we enter an order “dismissing without prejudice all of [Appellant’s] claims against”
them. See id. Appellant further indicates that Appellees Luke Mix and Maria Mix
do not oppose the motion, and states that “[t]axable court costs shall be paid by the
party incurring the same.” See id. R. 42.1(d).
We grant Appellants’ motion and, pursuant to the motion, dismiss this appeal
as it pertains to Appellees Luke Mix and Maria Mix. We dismiss the appeal against
the remaining Appellees for want of jurisdiction.
W. BRUCE WILLIAMS
July 7, 2023 JUSTICE
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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