Mikon Energy, LLC v. the Kansas City Southern Railway Company, a Corporation ( 2023 )


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  • Motion Granted and Memorandum Opinion filed December 19, 2023.
    In The
    Fourteenth Court of Appeals
    NO. 14-23-00576-CV
    MIKON ENERGY, LLC, Appellant
    V.
    THE KANSAS CITY SOUTHERN RAILWAY COMPANY, A
    CORPORATION, Appellee
    On Appeal from the Co Civil Ct at Law No 1
    Harris County, Texas
    Trial Court Cause No. 1191688
    MEMORANDUM OPINION
    This is an attempted appeal from an interlocutory summary judgment against
    appellant, Mikon Energy, LLC (Mikon Energy). Appellee filed suit against Mikon
    Energy, and Daniel J. Guerrero1, for breach of contract. Both Mikon Energy and
    Guerrero filed answers. In the interlocutory judgment at issue, the trial court
    1
    The judgment refers to Daniel J. Guerrero as DANIEL J. GUERRERO JR., individually, also known as and being
    the same person as DANIEL L. GUERRERO JR., DANIEL GUERRO JR., DANIEL GUERERO JR., DANIEL
    GUERREERO, DAN GUERRERO, DANIEL G. GUERRERO AND D.J. GUERRERO, JR.
    granted appellee’s motion for summary judgment on its claim against Mikon
    Energy. However, appellee did not seek a summary judgment on its claim against
    Guerrero, and the interlocutory judgment at issue does not rule on that claim.
    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). The trial court has
    not disposed of all pending parties and claims.
    Accordingly, we grant appellee’s motion to dismiss.
    PER CURIAM
    Panel Consists of Chief Justice Christopher, Justices Wise and Jewell.
    2
    

Document Info

Docket Number: 14-23-00576-CV

Filed Date: 12/19/2023

Precedential Status: Precedential

Modified Date: 12/31/2023