Twin Creeks Golf Group, L.P. v. Sunset Ridge Owners Association, Inc.
03-15-00763-CV
| Tex. App. | Dec 30, 2015Background
- Sunset Ridge Owners Association (Appellee) filed a Second Amended Petition that inadvertently referenced Twin Creeks Property, Ltd. and Twin Creeks Operating Company, L.P. though those entities had been dismissed earlier and were never served or appeared.
- Twin Creeks Golf Group, L.P. (Appellant) moved to dismiss the appeal for lack of jurisdiction, arguing the underlying order was not final because it did not dispose of all named parties.
- Appellee states it never requested citations or intended service on the two mistakenly named Twin Creeks entities and treats their inclusion as a clerical error.
- Appellee argues neither of the mistakenly named entities was served, answered, or appeared, and thus the case should be treated as if those parties had been discontinued.
- Appellee asks the Court to deny Appellant’s Motion to Dismiss and deem the order final for purposes of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order is final and appealable when the petition names parties who were never served or appeared | The order is final because the mistakenly named entities were never served, answered, or appeared; the case stands as if they were discontinued | The order is not final because the judgment did not dispose of all named parties | Court should treat unserved, nonappearing parties as discontinued and regard the order as final for appeal |
Key Cases Cited
- Gumpp v. Philadelphia Life Ins. Co., 562 S.W.2d 885 (Tex. Civ. App. — San Antonio 1978) (judgment final despite named parties not served or answering)
- Liberty Mut. Ins. Co. v. City of Fort Worth, 517 S.W.2d 646 (Tex. Civ. App. — Fort Worth 1975) (same principle regarding unserved parties)
- American Trendex Corp. v. Ultradyne Corp., 490 S.W.2d 205 (Tex. Civ. App. — Austin 1973) (case stands as if discontinuance as to defendants not served; judgment final for appeal)
- Hoover v. Baker, 507 S.W.2d 299 (Tex. Civ. App. 1974) (recognizes finality where defendants were not served and did not appear)