Monday, November 29, 2021

Not final.

“[A]ppellants assert that the order disposes of all issues based, in part, on language at the end of the order stating that ‘[a]ll other relief not expressly provided for herein is DENIED.’ The Texas Supreme Court, however, has specifically rejected such language as an indicator of an order’s finality, concluding that when, as here, no conventional trial on the merits has occurred, an order is final for purposes of appeal only if it ‘actually disposes of every pending claim and party’ or ‘clearly and unequivocally states’ it finally disposes of all parties and claims. Because the order here leaves the amount of attorney’s fees, expenses, and costs to be determined, it is not final and appealable.” Page v. 3838 Oak Lawn, No. 05-21-00859-CV (Oct. 29, 2021) (mem. op.) (applying Lehman v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001)). My LPHS colleagues Sam Hardy and Dan Polese represented the successful movant in this matter.

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