Ruben Dario Almela v. The Promised Land Holdings, L.P.

Summary

The Texas Court of Appeals for the Eighth District dismissed Ruben Dario Almela’s appeal for want of jurisdiction. The trial court’s order dismissed Almela’s claims with prejudice but did not determine the amount of attorney’s fees, so it was not a final judgment, and Almela did not respond to the appellate court’s jurisdictional inquiry.

Holdings

1. An order that grants a request for attorney's fees but does not determine the amount of those fees does not dispose of all claims and parties and therefore does not constitute a final judgment.
2. Because the challenged order was not a final judgment and no basis for appellate jurisdiction was shown, the appeal must be dismissed for want of jurisdiction.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal from an order that awarded attorney's fees without determining the amount of the fees.
2. Whether the appeal should be dismissed for want of jurisdiction because the challenged order was not a final judgment.

Disposition

dismissed