Van Zandt Health Care Property, Inc., D/B/A Anderson Nursing Center v. Mary Redd and Rodney Redd, 12-16-00283-CV

Van Zandt Health Care Property, Inc. sued the Estate of Arletta Turner and heirs Rodney and Mary Redd in Oct. 2013 for breach of a nursing-care contract based on unpaid payments.
The Redds answered and asserted a counterclaim for conversion seeking damages, costs, and attorney’s fees.
The Redds moved for summary judgment arguing Van Zandt’s claim was barred by the statute of limitations and res judicata based on a prior Tyler Court of Appeals decision that deemed a related claim untimely.
The trial court granted the Redds’ motion for summary judgment (order stating the Redds’ motion is granted and Van Zandt’s claim is without merit).
The summary-judgment order did not expressly dispose of the Redds’ counterclaim for conversion nor contain an unmistakably clear final-judgment statement.
Van Zandt appealed; the Court of Appeals considered whether it had jurisdiction to hear the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the summary-judgment order is final and appealable	Van Zandt implicitly treats the order as appealable to challenge the grant of summary judgment	Redds contend the order is not final because it does not dispose of counterclaims and lacks an unmistakable final-judgment statement	The order is not final or otherwise appealable; the court lacks jurisdiction and dismissed the appeal

Beckham Group, P.C. v. Snyder, 315 S.W.3d 244 (Tex. App.–Dallas 2010) (appellate jurisdiction is not presumed; record must affirmatively show jurisdiction)
Lehmann v. Har–Con Corp., 39 S.W.3d 191 (Tex. 2001) (standard for when a non‑trial judgment is final for appeal)
Farm Bureau Cty. Mut. Ins. Co. v. Rogers, 455 S.W.3d 161 (Tex. 2015) (a judgment is final only if it disposes of all claims/parties or unmistakably states finality)
N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893 (Tex. 1966) (appellate jurisdiction derives from constitutional and statutory sources)