Juan Enriquez v. Rick Thaler, 12-14-00016-CV

Appellees Thaler, Livingston, Bell, Foxworth, Rupert, and Castro respond to Enriquez's motion to abate the appeal.
Enriquez, a Texas inmate, alleged racial discrimination and segregation under 42 U.S.C. § 1983 in the prison system.
Trial court dismissed Enriquez's claims December 11, 2013, for failure to comply with Chapter 14 and Government Code § 501.008.
Order of Dismissal stated the action was dismissed without prejudice and declared Enriquez not indigent based on his inmate trust funds.
Appellate issue is whether the abatement is proper or the dismissal constitutes a final judgment permitting appeal.
Court concludes the Order of Dismissal is a final judgment and denies abatement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is there a final judgment to support appeal	Enriquez argues no final judgment due to pending motion to vacate.	Appellees contend the dismissal finalizes all claims and parties.	Yes; the order is a final judgment.

Garcia v. Comm'rs Court of Cameron Cnty, 101 S.W.3d 778 (Tex. App. 2003) (finality depends on dispositional language and record)
Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (final judgment determination based on language and record)
Guajardo v. Conwell, 46 S.W.3d 862 (Tex. App. 2001) (cited for finality standards in absence of conventional form)
Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266 (Tex. 1992) (orig. proceeding; final judgment analysis)