Case Information

*0 FILE COPY *1 FILE COPY Fourth Court of Appeals San Antonio, Texas May 19, 2022 No. 04-21-00392-CV EILENBERGER’S, INC. d/b/a Sunshine Distributors of SA and William L. Jones,

Appellants v.

WESTPOINT HOME, LLC , Appellee From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2018CI08806 Honorable Aaron Haas, Judge Presiding O R D E R Sitting: Patricia O. Alvarez, Justice

Irene Rios, Justice

Beth Watkins, Justice

Appellants seek to appeal a June 22, 2021 order granting a motion for summary

judgment. The clerk’s record was filed on October 12, 2021, and supplemental clerk’s

records were filed on October 13, 2021 and March 3, 2022. After reviewing the record, it

appears that the summary judgment order does not dispose of all claims in dispute

between the parties. See Lehmann v. Har-Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001)

(“[W]hether a judicial decree is a final judgment must be determined from its language

and the record in the case.”). Specifically, the order does not dispose of appellee

WestPoint Home LLC’s claims for fraud in the inducement and exemplary damages. No

severance order appears in the record, and the summary judgment order does not state

that it disposes of all parties and all claims. See id. at 206.

A judgment that does not dispose of all parties and causes of action is not final

and appealable. See id. at 195; Ne. Indep. Sch. Dist.v. Aldridge , 400 S.W.2d 893, 895

(Tex. 1966). Nevertheless, we may treat the notice of appeal as prematurely filed and

allow appellants time to present this court with a supplemental clerk’s record that

includes a final, appealable order or judgment. See T EX . R. A PP . P. 27.2; Lehmann , 39

S.W.3d at 206; Iacono v. Lyons , 6 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.]

1999, no pet.) (per curiam).

Therefore, we ABATE this appeal and REMAND this cause to the trial court.

We ORDER appellants to ensure that a supplemental clerk’s record with a final,

appealable judgment or order is filed in this court by June 20, 2022 . If appellants fail to

cure the jurisdictional defect as ordered, we will reinstate this appeal and dismiss it for

want of jurisdiction without further notice. See T EX . R. A PP . P. 42.3(a). We

WITHDRAW the May 10, 2022 submission date of this appeal pending our resolution of

our jurisdiction.

It is so on ORDERED May 19, 2022.

PER CURIAM ATTESTED TO:__________________________

MICHAEL A. CRUZ, CLERK OF COURT