Not final, no appellate jurisdiction.
December 19, 2018In Jordan v. Klingbeil, “the trial court’s October 23 Order indicates the trial [judge] intended for its September 22 Order to constitute a final and appealable judgment that disposed of all claims.” Unfortunately for the appeal, however, the Fifth Court noted (1) “factual recitations or reasons preceding the decretal portion of a judgment form no part of the judgment itself,” and (2) “the October 23 Order cannot constitute a final judgment because it lacks the decretal language typically seen in a judgment” [such as “ordered, adjudged, and decreed,” etc.]. Because of these shortcomings with the October 23 Order, and the September 22 Order’s failure to address all causes of action or include Lehmann finality language, there was no final judgment and thus no appellate jurisdiction. No. 05-17-01228-CV (Dec. 18, 2018) (mem. op.)