Court of Civil Appeals of Texas, 1999

Lee Lewis Construction, Inc. v. Norma Harrison, Individually and as Next Friend of Sumer Dawn Harrison, KK Glass Company

Lee Lewis Construction, Inc. v. Norma Harrison, Individually and as Next Friend of Sumer Dawn Harrison, KK Glass Company
Court of Civil Appeals of Texas · Decided July 8, 1999

Lee Lewis Construction, Inc. v. Norma Harrison, Individually and as Next Friend of Sumer Dawn Harrison, KK Glass Company

Opinion

NO. 07-97-0495-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL D



JULY 8, 1999

______________________________



LEE LEWIS CONSTRUCTION, INC.,



Appellant



v.



NORMA HARRISON, INDIVIDUALLY and as next friend of

SUMER DAWN HARRISON AND JIMMY THOR HARRISON,

and MAY and SELLIE HARRISON,



Appellees

_________________________________



FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;



NO. 91-534,715; HON. JOHN R. McFALL, PRESIDING

_______________________________



OPINION ON REMITTITUR

_______________________________

Before Boyd, C.J., Quinn, and Reavis, JJ.

On June 29, 1999, this court issued its opinion and rendered judgment in this cause. Among other things, we suggested that the damages awarded to Jimmy Harrison for pain, suffering, and mental anguish be remitted by $450,000. Norma Harrison, individually and as next friend of Sumer Dawn Harrison and Jimmy Thor Harrison, Sellie E. Harrison, and May Harrison have accepted the suggestion and remitted $450,000 of the $500,000 award. Consequently, the portion of the trial court judgment: 1) awarding Jimmy Harrison $500,000 for pain, suffering, and mental anguish is reformed to $50,000; 2) calculating "Net Compensatory Damages" is reformed to $3,960,000; 3) calculating "Pre-judgment Interest" is reformed to $3,157,743.70; 4) calculating "Total Compensatory Damages with Pre-judgment Interest" is reformed to $7,111,627.20; and 4) awarding Norma Harrison, individually and as next friend of Sumer Dawn Harrison and Jimmy Thor Harrison, and May and Sellie Harrison "actual damages, including pre-judgment interest" against Lee Lewis Construction, Inc. is reformed to $7,111,627.20. As reformed, the judgment of the trial court is affirmed.



Brian Quinn

Justice









Publish.

ed for want of jurisdiction. Appellants responded contending their appeal is from a final order that disposes of all issues. In support of their contention, they rely on the definition of "interlocutory" in Black's Law Dictionary 815 (6th ed. 1990). Attached as an exhibit to their response is a copy of an article entitled "Requirements for Appealing a Decision," from an unidentified authority, on which they also rely. The article provides in part:

Any court order that does not complete the case is not considered a final order. For example, if the judge denies a motion to dismiss, the proceeding will continue and the order denying the motion is considered an interim order or interlocutory order, not a final order. . . . On the other hand, if the judge grants the motion to dismiss the case, that order is final. . . .



Appellants rely on the foregoing language in support of their contention that because the trial court granted New Reflections's motion to dismiss, it is final and appealable and disposes of the case. However, where multiple defendants are involved, an order that does not dispose of all claims and parties is interlocutory and not appealable. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 201 (Tex. 2001) (holding that when there has not been a conventional trial on the merits, an order or judgment is interlocutory and not final for purposes of appeal unless it actually disposes of every pending claim and party or unless it clearly and unequivocally states that it finally disposes of all claims and parties). Nothing in this record indicates disposition of the claim against Ted Scott, M.D. Therefore, this Court is without power to review this purported appeal and has jurisdiction only to dismiss the appeal. Steeple Oil and Gas Corporation v. Amend, 394 S.W.2d 789, 790 (Tex. 1965).

Accordingly, the appeal is dismissed for want of jurisdiction.

Don H. Reavis

Justice



1. Tex. R. App. P. 47.2(a).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.