Cherilyn Marie Gerland Crittenden, and Lindsey Marie Gerland Crittenden, and Troy Louis Gerland Crittenden, Minor Children v. Kathy Gilmore--Appeal from 224th Judicial District Court of Bexar County
State: Texas
Docket No: 04-01-00285-CV
Case Date: 11/21/2001
Plaintiff: Cherilyn Marie Gerland Crittenden, and Lindsey Marie Gerland Crittenden, and Troy Louis Gerland Crit
Defendant: Kathy Gilmore--Appeal from 224th Judicial District Court of Bexar County
Preview: Cherilyn Marie Gerland Crittenden, and Lindsey Marie
Gerland Crittenden, and Troy Louis Gerland
Crittenden, Minor Children v. Kathy Gilmore--Appeal
from 224th Judicial District Court of Bexar County
No. 04-01-00285-CV
Cherilyn Marie Gerland CRITTENDEN Individually and as Next Friend of
Lindsay Marie Gerland Crittenden and Troy Louis Gerland Crittenden, Minor Children,
Appellants
v.
Kathy GILMORE,
Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CI-03484
Honorable Martha Tanner, Judge Presiding
Opinion by: Sarah B. Duncan, Justice
Sitting: Catherine Stone, Justice
Sarah B. Duncan, Justice
Karen Angelini, Justice
Delivered and Filed: November 21, 2001
DISMISSED FOR LACK OF JURISDICTION
Cherilyn Crittenden and her children appeal the trial court's March 29, 2001 order that granted Kathy Gilmore's motion
for summary judgment on Crittenden's intentional infliction of emotional distress and tortious interference with
contract claims and denied Crittenden's petition for declaratory judgment. However, before the summary judgment
hearing, Crittenden amended her petition to add claims for conversion of homestead, unjust enrichment, breach of
fiduciary duty, and defamation. Neither the motion for summary judgment nor the trial court's order addresses these
claims.
A summary judgment is final for purposes of appeal only if it either "actually disposes of all claims and parties then
before the court, ... or it states with unmistakable clarity that it is a final judgment as to all claims and all
parties."Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192-93 (Tex. 1991). The trial court's order does not dispose of all
of Crittenden's claims, nor does it state clearly that it is a final order as to all claims and parties. The court did not
order that Crittenden take nothing by her suit or dismiss the case. See id. at 205. "An order does not dispose of all
claims and all parties merely because it is entitled 'final'." Id.
We therefore dismiss this appeal for lack of jurisdiction.
Sarah B. Duncan, Justice
Do not publish
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