J.E. Pendleton v. X. Corp., a Delaware Corporation Headquartered in Bastrop, Texas

Summary

The Texas Court of Appeals for the Second District dismissed J.E. Pendleton’s appeal for lack of jurisdiction. The trial court’s Rule 91a dismissal order was not a final judgment because the appellee’s claim for attorney’s fees remained unresolved, and no statute authorized an interlocutory appeal. The court also noted that neither party timely responded to its jurisdictional-warning letter.

Holdings

1. The dismissal order was not a final judgment because it left X. Corp.'s claim for attorney's fees unresolved and did not clearly and unequivocally state that it finally disposed of all claims and parties.
2. The court of appeals lacked jurisdiction because the challenged order was interlocutory and no statute authorized an interlocutory appeal from the order.

Questions Presented

1. Whether the trial court's Rule 91a dismissal order was a final judgment when the amount of attorney's fees remained unresolved.
2. Whether the court of appeals had jurisdiction over an interlocutory appeal from the Rule 91a dismissal order absent statutory authorization.

Disposition

dismissed