Archer Bonnema, Jacob Bonnema and Joshua Financial Corporation v. Whitaker, Chalk, Swindle & Sayer, L.L.P.

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DISMISS: Opinion filed June 21, 2012
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-12-00554-CV
............................
ARCHER BONNEMA, JACOB BONNEMA, AND
JOSHUA FINANCIAL CORPORATION, Appellants
V.
 
THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA,
WHITAKER, CHALK, SAWYER & SWINDLE, L.L.P.,
NORMAN BEVAN, INNOVUS FINANCIAL SOLUTIONS, INC.,
MILLENNIUM MARKETING GROUP, INC., AND KATHLEEN BARROW, Appellees
.............................................................
On Appeal from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 08-13325
.............................................................
 
MEMORANDUM OPINION
 
Before Justices FitzGerald, Murphy, and Fillmore
Opinion By Justice FitzGerald
 
By letter to the parties dated May 18, 2012, the Court
questioned its jurisdiction over this appeal. We requested the parties
to file letter briefs addressing our concerns. Appellants filed their
brief on the merits on June 7, 2012. In their brief, appellants state
their appeal is premature because the trial court's orders do not
dispose of all claims and all parties. Appellants address the merits of
their appeal “out of an abundance of caution.”
Generally, appeals may be taken only from final judgments. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A judgment is
final if it disposes of all pending parties and claims. Id. Orders that
do not dispose of all pending parties and claims are interlocutory and,
 
subject to a few mostly statutory exceptions, unappealable until a final
judgment is signed. Id.
In their notice of appeal, appellants state they are appealing
the trial court's order dated February 4, 2012. In that order, however,
the trial court states “[n]othing herein is meant to affect Guardian's
claims against Jacob Bonnema.” The appealed order itself states that
certain claims remain pending. Moreover, appellants point out in their
brief that their claims against cross- defendant, Kathleen Barrow,
remain pending.
Because all parties and all claims have not been disposed of,
the trial court's order is interlocutory and unappealable. Accordingly,
we dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a).
 
KERRY P.
FITZGERALD
JUSTICE
120554F.P05
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ARCHER BONNEMA, JACOB BONNEMA, AND JOSHUA FINANCIAL CORPORATION,
Appellants
No. 05-12-00554-CVV.
THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, WHITAKER, CHALK, SAWYER
& SWINDLE, L.L.P., NORMAN BEVAN, INNOVUS FINANCIAL SOLUTIONS, INC.,
MILLENNIUM MARKETING GROUP, INC., AND KATHLEEN BARROW, AppelleesAppeal
from the 95th Judicial District Court of Dallas County, Texas.
(Tr.Ct.No. 08- 13325).
Opinion delivered by Justice FitzGerald, Justices Murphy and Fillmore,
participating.
Based on the Court's opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees, The Guardian Life Insurance
Company of America, Whitaker, Chalk, Sawyer & Swindle, L.L.P., Norman
 
Bevan, Innovus Financial Solutions, Inc., Millennium Marketing Group,
Inc., and Kathleen Barrow, recover their costs of the appeal from
appellants, Archer Bonnema, Jacob Bonnema, and Joshua Financial
Corporation.
Judgment entered June 21, 2012.
/Kerry P.
FitzGerald/
KERRY P.
FITZGERALD
JUSTICE
 
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