Court of Civil Appeals of Texas, 2024

Alabaster, Inc. and John Sheffield v. Brent W. Coon and Brent W. Coon, PC D/B/A Brent Coon & Associates

Alabaster, Inc. and John Sheffield v. Brent W. Coon and Brent W. Coon, PC D/B/A Brent Coon & Associates
Court of Civil Appeals of Texas · Decided August 8, 2024

Alabaster, Inc. and John Sheffield v. Brent W. Coon and Brent W. Coon, PC D/B/A Brent Coon & Associates

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00134-CV __________________ ALABASTER, INC. AND JOHN SHEFFIELD, Appellants V. BRENT W. COON AND BRENT W. COON, PC D/B/A BRENT COON & ASSOCIATES, Appellees __________________________________________________________________ On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E199958 __________________________________________________________________ MEMORANDUM OPINION On June 20, 2024, we abated this appeal and remanded the case to the trial court to give the trial court the opportunity to issue such further orders or judgments necessary to clarify its April 6, 2023 Order or to create a final, appealable order in this cause. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001). The Court order further stated: “Unless a final, appealable order or judgment is included in a supplemental clerk’s record and filed with the clerk of this court on or before

July 22, 2024, the appeal will be reinstated and dismissed for want of jurisdiction.”

To date, we have not received a supplemental clerk’s record. No party requested additional time to obtain a final judgment or severance order.

The appeal is hereby reinstated. Generally, an appeal may be taken only from final judgments and interlocutory orders specifically made appealable by statute. See id. at 195. To be final, a judgment must dispose of all issues and parties in a case.

N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). As we explained in our Order of June 20, 2024, the trial court’s Order of April 6, 2023, which granted Coon’s motion to dismiss the plaintiffs’ claims against the defendants, failed to dispose of the defendants’ counterclaims for attorney’s fees and sanctions.

The appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a); 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 24, 2024 Opinion Delivered August 8, 2024 Before Golemon, C.J., Johnson and Chambers, JJ.

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