JAMES COLLINS AND TONI SHARRETTS COLLINS v. HORTON TEXAS LTD

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Court of Appeals of Texas, Beaumont.

JAMES K. COLLINS AND TONI SHARRETTS COLLINS, Appellants v. D.R. HORTON-TEXAS LTD, Appellee

NO. 09-16-00468-CV

Decided: January 26, 2017

Before Kreger, Horton, and Johnson, JJ.

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

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