JAMES COLLINS AND TONI SHARRETTS COLLINS v. HORTON TEXAS LTD (2017)

MEMORANDUM OPINION

James K. Collins and Toni Sharretts Collins filed a notice of appeal from an order granting a motion for partial summary judgment. The appellee, D.R. Horton-Texas LTD, filed a motion to dismiss because the order being appealed did not dispose of all pending parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). The Collinses argue the trial court's order granted more relief than requested but functioned as a final order. See id. at 206. The order in question states that the Collinses “take nothing on their claims related in any manner to the Frederick Sieberman Survey A-497, Montgomery County, Texas.” The order neither disposes of the appellee's claims for affirmative relief nor states with unmistakable clarity that it is a final judgment. See id. at 192-93. We conclude the trial court has not signed an appealable interlocutory order or a final judgment. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

APPEAL DISMISSED.

HOLLIS HORTON Justice