Futch v. RELIANT SOURCES, INC.
351 S.W.3d 929
Tex. App.2011Background
- Futch sued Reliant Resources, Reliant Energy Services, Baker Botts, and Sidley Austin in October 2008; only Baker Botts remains in dispute on appeal.
- Futch initially alleged breach of fiduciary duty and fraud by nondisclosure against Baker Botts.
- Baker Botts moved for summary judgment on all claims on August 14, 2009.
- Futch amended his petition on October 21, 2009, adding breach of contract against Baker Botts and dropping fraud; he responded to the motion.
- Baker Botts replied on October 22, 2009; the trial court later granted the motion for summary judgment in its entirety on February 8, 2010.
- Futch appealed, but the court questioned whether the order was a final, appealable judgment and ultimately dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court's order was a final, appealable judgment | Futch contends the order disposed of all claims against Baker Botts | Baker Botts argues the order was not final as to all claims and parties | Order not final; appeal dismissed for lack of jurisdiction |
Key Cases Cited
- Continental Airlines, Inc. v. Kiefer, 920 S.W.2d 274 (Tex. 1996) (finality based on language and record; preemption case with post-motion amendments)
- Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (finality depends on unequivocal language showing disposition of all claims)
- M.O. Dental Lab v. Rape, 139 S.W.3d 671 (Tex.2004) (sua sponte jurisdiction for finality question; standard for final judgments)