Fleming & Associates, L.L.P. n/k/a Fleming, Nolen & Jez, L.L.P. and George Fleming v. Charles Kirklin, Stephen Kirklin, Paul Kirklin, and the Kirklin Law Firm, P.C.

Summary

The Fourteenth Court of Appeals dismissed two attempted appeals for want of jurisdiction. It held that no statute authorized an interlocutory appeal from orders granting Texas Citizens’ Participation Act motions to dismiss, and that the summary-judgment order was not final because it did not dispose of all parties’ claims, including claims for attorneys’ fees. The opinion was issued per curiam on October 29, 2015.

Holdings

1. Texas courts of appeals lack jurisdiction over an interlocutory appeal from an order granting a TCPA motion to dismiss because no statute explicitly authorizes that appeal.
2. The court lacked jurisdiction over the summary-judgment appeal because the order did not dispose of all parties and claims, including the Jackson Parties' unresolved claims for attorneys' fees, and no statute authorized an interlocutory appeal from that order.

Questions Presented

1. Whether the court of appeals had jurisdiction over an interlocutory appeal from orders granting TCPA motions to dismiss under Chapter 27 of the Texas Civil Practice and Remedies Code.
2. Whether the court of appeals had jurisdiction over an appeal from a summary-judgment order that did not dispose of all parties' claims, including unresolved attorneys' fees and sanctions.

Disposition

dismissed