Carlos A. Armenta v. TDCJ-ID, et al--Appeal from 202nd District Court of Bowie County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-10-00039-CV ______________________________ CARLOS A. ARMENTA, Appellant V. TDCJ ID, ET AL., Appellee On Appeal from the 202nd Judicial District Court Bowie County, Texas Trial Court No. 09C1296-202 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION This is an appeal by Carlos A. Armenta from the trial court s order dismissing his cause of action against defendants the Texas Department of Criminal Justice Institutional Division, et al. The order entered in this appeal, however, states that Plaintiff s ยง1983 claim of deliberate indifference against Defendant Ayers is NOT DISMISSED. The general rule is that a final and appealable judgment must determine the entire controversy, disposing of all the parties and issues in a case. Schlipf v. Exxon Corp., 644 S.W.2d 453, 454 (Tex. 1982); N. E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966); Wagner v. Warnasch, 156 Tex. 334, 295 S.W.2d 890, 892 (1956). Because the trial court s order dismissing this suit did not dispose of all defendants, it is not final, and this is an interlocutory appeal from a nonappealable judgment. Accordingly, we dismiss Armenta s appeal for want of jurisdiction. Bailey C. Moseley Justice Date Submitted: Date Decided: May 18, 2010 May 19, 2010 2
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