Ivery Clark Williams v. Judge Ted Akin and Samuel J. Polak

Summary

The Fifth District Court of Appeals at Dallas dismissed the appeal for want of jurisdiction because the trial court had not rendered a final judgment or an appealable interlocutory order. Although the trial court dismissed claims against Samuel J. Polak, claims against Judge Ted Akin remained pending, and the record did not establish that the requirements for a final, appealable judgment were satisfied.

Holdings

1. The court lacked jurisdiction because a final judgment had not been rendered and the record did not establish an appealable interlocutory order.
2. The record did not establish the exception that can make a judgment final when it disposes of all claims against served defendants and the remaining defendant was never served, because nothing showed that Williams did not intend to obtain service on Akin.

Questions Presented

1. Whether the appellate court had jurisdiction over an appeal from an order dismissing claims against one defendant while claims against another defendant remained pending.
2. Whether the order was a final judgment or an appealable interlocutory order.

Disposition

dismissed