Arlene Bunch and Rick Toledo as Conservator for Darlene Toledo Magner v. Darrell W. Goen and Alice C. Goen, Trustees of the Goen Family Trust Dated April 13, 2006; Robert C. Dean and Teresa K. Dean, Trustees of the Dean Family Trust Dated September 6, 2006; Chester A. Hipple and Cynthia A. Hipple, as TTEE U/D/T 1/23/07 and Delbert M. Goen, Trustee of the Delbert M. Goen Living Trust Dated August 16, 2006, Each as to Undivided 25% Interest

No. 03-25-00614-CV (Tex. App.—Austin Dec. 16, 2025) (mem. op.) · Texas Court of Appeals, Third District, at Austin · December 16, 2025 · No. No. 03-25-00614-CV

Summary

The Texas Court of Appeals, Third District, dismissed the appeal for want of jurisdiction because the trial court's summary judgment was interlocutory rather than final. The judgment left the amount of attorney's fees and court costs to be determined later and did not clearly dispose of all claims and parties.

Holdings

  1. The court lacked jurisdiction because the trial court's summary judgment was interlocutory rather than final and appealable.

Questions Presented

  1. Whether the court of appeals had jurisdiction over an appeal from the trial court's July 17, 2025 summary judgment.
  2. Whether the summary judgment was final and appealable when it left the amount of attorney's fees and court costs for later determination.

Disposition

dismissed

Cases Cited (7)

  • Freedom Commc’ns, Inc. v. Coronado, 372 S.W.3d 621, 624 (Tex. 2012)(followed)
  • Sabre Travel Int’l, Ltd. v. Deutsche Lufthansa AG, 567 S.W.3d 725, 736 (Tex. 2019)(followed)
  • Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192–93 (Tex. 2001)(followed)
  • Wright v. Liming, 702 S.W.3d 666, 673 (Tex. App.—Houston [1st Dist.] 2024, no pet.)(followed)
  • Connect MGA LLC v. Waldrop, No. 02-22-00259-CV, 2023 WL 109736, at *3 (Tex. App.—Fort Worth Jan. 5, 2023, no pet.) (mem. op.)(followed)
  • Spillman v. Las Colinas Ass’n, No. 05-22-00005-CV, 2022 WL 999942, at *1 (Tex. App.—Dallas Apr. 4, 2022, no pet.) (mem. op.)(followed)
  • In re A.C.T.M., 682 S.W.3d 234, 235 n.2 (Tex. 2023) (per curiam)(followed)

Cited In (0)

No citing cases on record yet.

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