James K. Collins and Toni Sharretts Collins v. D.R. Horton-Texas LTD Appeal from 284th District Court of Montgomery County (memorandum opinion )

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00468-CV ____________________ JAMES K. COLLINS AND TONI SHARRETTS COLLINS, Appellants V. D.R. HORTON-TEXAS LTD, Appellee _______________________________________________________ ______________ On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 15-04-04236-CV ________________________________________________________ _____________ MEMORANDUM OPINION James K. Collins and Toni Sharretts Collins filed a notice of appeal from an order granting a motion for partial summary judgment. The appellee, D.R. HortonTexas LTD, filed a motion to dismiss because the order being appealed did not dispose of all pending parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). The Collinses argue the trial court’s order granted more relief than requested but functioned as a final order. See id. at 206. The order in question states that the Collinses “take nothing on their claims related in any 1 manner to the Frederick Sieberman Survey A-497, Montgomery County, Texas.” The order neither disposes of the appellee’s claims for affirmative relief nor states with unmistakable clarity that it is a final judgment. See id. at 192-93. We conclude the trial court has not signed an appealable interlocutory order or a final judgment. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f). APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Submitted on January 25, 2017 Opinion Delivered January 26, 2017 Before Kreger, Horton, and Johnson, JJ. 2

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