Matthew Coday and Oil & Gas Workers Association, Inc. v. Wallace Dunn; Tisha Crow, Individually and D/B/A Crow Insurance Agency; and Kris Crow, Individually and D/B/A Crow Insurance Agency

Summary

The Texas Eleventh Court of Appeals dismissed two appeals for want of jurisdiction. The appeals challenged trial court orders granting motions to dismiss claims and counterclaims under the Texas Citizens Participation Act, but the orders were interlocutory, lacked finality language, and did not dispose of all parties and claims. The court held that an order granting a TCPA motion is not independently appealable before a final judgment.

Holdings

1. A trial court's order granting a motion to dismiss under the TCPA is not independently appealable as an interlocutory order; it may be appealed only after the trial court signs a final judgment, unless another statute authorizes the appeal.
2. Neither order was a final judgment because claims and parties remained pending and the orders did not contain unequivocal finality language expressly disposing of all claims and parties.
3. The court of appeals lacked jurisdiction because neither challenged order was a final judgment or independently appealable interlocutory order, and the appeals were dismissed for want of jurisdiction.

Questions Presented

1. Whether orders granting TCPA motions to dismiss are immediately appealable before the trial court signs a final judgment.
2. Whether the trial court's orders were final judgments when they did not dispose of all parties and claims and contained no unequivocal finality language.
3. Whether the court of appeals had jurisdiction over the two appeals.

Disposition

dismissed