Javier D. Corona v. Pilgrim`s Pride Corporation--Appeal from 276th District Court of Camp County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-06-00105-CV
______________________________
JAVIER D. CORONA, Appellant
V.
PILGRIM'S PRIDE CORPORATION, Appellee
On Appeal from the 276th Judicial District Court
Camp County, Texas
Trial Court No. CV-05-178
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION

Pilgrim's Pride Corporation has filed a motion to dismiss this appeal and a request for sanctions. Javier D. Corona filed pro se a notice of appeal October 27, 2006, from a summary judgment entered by the trial court October 17, 2006.

The summary judgment in this case does not constitute a final, appealable order in that it does not dispose of all claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). "[A] judgment issued without a conventional trial is final for purposes of appeal if and only if either it actually disposes of all claims and parties then before the court, regardless of its language, or it states with unmistakable clarity that it is a final judgment as to all claims and all parties." Id. at 192-93; Bean v. Reynolds Realty Group, Inc., 192 S.W.3d 856, 862 (Tex. App.--Texarkana 2006, no pet.). We recognize that a party may normally appeal only from final orders or judgments. Unless otherwise statutorily authorized, an appeal may be made only from a final judgment. See Tex. Civ. Prac. & Rem. Code Ann. 51.012 (Vernon 1997), 51.014 (Vernon Supp. 2006); see also Lehmann, 39 S.W.3d at 195; Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985). Accordingly, we grant the portion of the motion asking us to dismiss this appeal for want of jurisdiction.

Pilgrim's Pride also requests sanctions against Corona for bringing this interlocutory appeal. We are of the opinion that sanctions are not appropriate in this case. The request for sanctions is denied.

We dismiss this case for want of jurisdiction.

 

Donald R. Ross

Justice

 

Date Submitted: December 13, 2006

Date Decided: December 14, 2006