In the Matter of the Marriage of Linda Joyce Lesher and M. Mark Lesher--Appeal from 102nd District Court of Red River County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-02-00187-CV
______________________________
IN THE MATTER OF THE MARRIAGE OF LINDA JOYCE LESHER
AND M. MARK LESHER
On Appeal from the 102nd Judicial District Court
Red River County, Texas
Trial Court No. 002CV00187
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Linda Joyce Lesher appeals a summary judgment granted in favor of defendant, M. Mark Lesher. In its summary judgment, the trial court found no evidence of a common-law marriage and no evidence of a partnership or an expressed trust. The summary judgment, however, does not address the plaintiff's alternative claims for intentional infliction of emotional distress, joint venture, equitable reimbursement, joint effort, constructive trust, and attorney's fees. This Court, therefore, is without jurisdiction over this appeal.

We have jurisdiction over final judgments only. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). An order that does not finally dispose of all remaining parties and claims is not a final order. Id. If the intent to dispose of the case is not unequivocally expressed in the language of the order itself, then the order is not final. Id.

We notified Appellant of this defect and gave her ten days in which to show cause why this appeal should not be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3. She filed a response in which she asks this Court to take jurisdiction in order to avoid manifest injustice, a multiplicity of trials, and judicial economy. Unless specifically authorized, interlocutory appeals are not within the Texas appellate courts' jurisdiction. Lehmann, 39 S.W.3d at 200. Here, the reasons put forth by Appellant to exercise jurisdiction are not among those authorized by statute. (1) Because the judgment is not final, we dismiss the appeal for want of jurisdiction.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: January 31, 2003

Date Decided: February 3, 2003

 

1. See, e.g., N. E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966); Gulf C. & S.F. Ry. v. Fort Worth & N.O. Ry., 68 Tex. 98, 2 S.W. 199, 200 (1886), op. on reh'g, 68 Tex. 106, 3 S.W. 564 (1887); see Tex. Const. art. V, 3-b (direct appeals to the Texas Supreme Court); Tex. Civ. Prac. & Rem. Code Ann. 15.003(c) (interlocutory joinder and intervention appeals) (Vernon 2002); 51.012 (jurisdiction of courts of appeals), 51.014 (interlocutory appeals) (Vernon 1978 & Supp. 2003); Tex. Gov't Code Ann. 22.001(c) (direct appeals), 22.225(d) (interlocutory appeal to the Texas Supreme Court) (Vernon 1988 & Supp. 2003).