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Reyes Urbina v. Designer Homes Co., Inc., Onesimo Martinez, Javier Villescas [Erroneously Sued as Javier Bilolescas or Billescas], Compass Bank and Gregory S. Kazen, in His Capacity Only as Substitute Trustee
Citation: Not availableDocket: 13-11-00325-CV
Court: Court of Appeals of Texas; April 12, 2012; Texas; State Appellate Court
Original Court Document: View Document
Reyes Urbina appealed against Designer Homes Company, Onesimo Martinez, Compass Bank, and Javier Villescas following a summary judgment granted on April 5, 2011, regarding Urbina's claims against Designer Homes and Martinez. The appeal was initially dismissed for lack of jurisdiction but was later reinstated. Designer Homes and Martinez sought to dismiss the appeal, arguing that the summary judgment was not final as it did not address their counterclaims against Urbina, which remained unresolved. The court noted that an appeal can only be taken from a final judgment, citing relevant case law that emphasizes the absence of presumption of finality for summary judgments unless all claims and parties are explicitly addressed. Since the counterclaims were not mentioned in the summary judgment, the order was deemed interlocutory and unappealable. The "Mother Hubbard" clause in the judgment did not suffice to render it final. Consequently, the court granted the motion to dismiss the appeal filed by Designer Homes and Martinez, declaring the previous reinstatement of the case to be improvidently granted. The conditional motion to dismiss filed by Compass Bank and Villescas was dismissed as moot. The opinion was delivered on April 12, 2012.