Isabelle Edwards v. KFS Lewisville, LLC

Summary

The Texas Second Court of Appeals dismissed Isabelle Edwards’s appeal for want of jurisdiction. The trial court’s order granted a Texas Rule of Civil Procedure 91a motion to dismiss and awarded attorney’s fees, but it did not determine the amount of fees and expressly stated that it was not a final order. The appellate court held that the order was neither a final judgment nor an appealable interlocutory order.

Holdings

1. An order rendered without a conventional trial on the merits is not final unless it actually disposes of every pending claim and party or clearly and unequivocally states that it finally disposes of all claims and parties. The trial court's order was not final because it left the amount of attorneys' fees undetermined and expressly stated that it was not a final order.
2. An interlocutory order granting a Rule 91a motion to dismiss is not immediately appealable when it does not dispose of all pending claims.

Questions Presented

1. Whether the August 5, 2025 order was a final judgment appealable as of right when it expressly left the amount of attorneys' fees unresolved.
2. Whether an interlocutory order granting a Texas Rule of Civil Procedure 91a motion to dismiss was immediately appealable.

Disposition

dismissed