In the Interest of C.M.S., an Incapacitated Adult v. the State of Texas ( 2024 )

DISMISS and Opinion Filed February 20, 2024
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01294-CV
IN THE INTEREST OF C.M.S., AN INCAPACITATED ADULT
On Appeal from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-09-00179
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Goldstein
Opinion by Justice Molberg
Appellant Corey Smith appeals from the trial court’s order granting appellee
Unikki Phillips’s motion for partial summary judgment in the underlying lawsuit
concerning support for their disabled child, who is now an incapacitated adult.
Before the Court is appellee’s motion to dismiss the appeal for want of jurisdiction.
Appellant did not file a response.
Generally, an appeal may be taken only from a judgment that is final. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) (when no conventional
trial has been held, judgment is final for purposes of appeal only if it actually
disposes of all pending claims and parties or unequivocally states it finally disposes
of all parties and claims). As noted in appellee’s motion to dismiss, the appealed
order recites that pending claims by the Texas Attorney General and appellee “shall
survive this summary judgment.” On its face, the order is not final and appealable
because it does not dispose of all claims and parties. See Lehmann, 39 S.W.3d at
205. Accordingly, we lack jurisdiction and grant appellee’s motion. See TEX. R.
APP. P. 42.3(a).
/Ken Molberg//
231294f.p05 KEN MOLBERG
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF C.M.S., AN On Appeal from the 301st Judicial
INCAPACITATED ADULT District Court, Dallas County, Texas
Trial Court Cause No. DF-09-00179.
No. 05-23-01294-CV Opinion delivered by Justice
Molberg. Justices Pedersen, III and
Goldstein participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee Unikki Phillips recover her costs of this appeal
from appellant Corey Smith.
Judgment entered this 20th day of February, 2024.
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