Lehmann Dictum v. Handwritten Edits

The judgment-finality issue in Paxton v. Simmons involved a conflict between the Lehmann finality language and handwritten edits to a form of judgment. Held:

“To the extent Ms. Simmons contends the judgment’s statement that ‘[t]his final judgment disposes of all claims and all parties, and is appealable” automatically makes the judgment final, we disagree. The Lehmann dictum she cites does not purport to address a circumstance where, as here, the judgment’s substance directly conflicts with that statement. Our supreme court has instructed that ‘[c]lear and unequivocal language that reflects an intent to dispose of the entire case is given effect, but when there is doubt about finality, the record resolves the issue.’ Here, as Ms. Simmons asserts in her appellate reply brief, the trial court ‘must make further determinations before the issues are finally disposed of.’ On this record, we conclude the December 20, 2019 judgment is not final and appealable.”

No. 05-20-00058-CV (Jan. 21, 2022) (emphasis added).