William Patrick Alexander v. Lisa M. Birnel, Ronald Fox, Edward Smith, Willis W. Owens, III, John E. Ritter, Gilbert Campuzano, and Bruce Armstrong
Docket: 10-13-00336-CV
Court: Court of Appeals of Texas; November 20, 2013; Texas; State Appellate Court
Original Court Document: View Document
William Patrick Alexander, a prison inmate, appealed a summary judgment order from the 52nd District Court of Coryell County, Texas, which favored six out of eight defendants in his lawsuit. On October 31, 2013, the Court’s Clerk notified Alexander that his appeal might be dismissed because the order was not final, as it did not resolve claims against two defendants, Lisa M. Birnel and Ronald C. Fox. Alexander responded on November 12, 2013, referencing Rule 58(a) of the Federal Rules of Civil Procedure to argue for the appeal's validity; however, the Court clarified that federal rules do not apply to Texas state courts. According to Texas law, as established in Lehmann v. Har-Con Corp., an order is only final if it disposes of all parties and claims. Consequently, since the order in question was not final, the appeal was dismissed under TEX. R. APP. P. 42.3(a). The opinion was delivered on November 21, 2013, and included information about the possibility of filing a motion for rehearing or a petition for review by the Texas Supreme Court.