DISMISS and Opinion Filed December 15, 2022 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-00843-CV 

LYNNE C. RENFRO AND G. LEE FINLEY, Appellants 

V. 

NEW REZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING AND 

NATIONSTAR MORTGAGE, LLC, Appellees 

On Appeal from the 366th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 366-04946-2019 

MEMORANDUM OPINION 

Before Chief Justice Burns, Justice Carlyle, and Justice Garcia 

Opinion by Justice Garcia 

This appeal challenges three summary judgment orders. Because the orders 

are not appealable, we dismiss the appeal. See TEX. R. APP. P. 42.3(a). 

The underlying suit stems from a home equity loan obtained by Lynne Renfro 

and secured by a deed of trust on a house she now shares with Lee Finley. Renfro 

filed the suit after she defaulted on the loan and was threatened with foreclosure. 

She asserted various claims, including breach of contract, against New Rez LLC 

d/b/a Shellpoint Mortgage Servicing (“Shellpoint”), the “current” mortgagee and 
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mortgage servicer, and Nationstar Mortgage, LLC, Shellpoint’s predecessor-ininterest. Nationstar and Shellpoint answered, seeking attorney’s fees. In addition, 

Shellpoint asserted counterclaims against Renfro for breach of contract, judicial 

foreclosure, and “equitable lien/subrogation,” and asserted the latter two claims as 

third-party claims against Finley as well. 

The first appealed order granted Shellpoint an equitable lien on the house. 

The second order granted Shellpoint’s no-evidence and traditional summary 

judgment motions on Renfro’s claims and its remaining claims and read, in relevant 

part: “The court having reviewed the motions, responses and replies, if any, and 

arguments of counsel, GRANTS the motions in their entirety. Judgment will follow 

by separate order.” 

The third order addressed Nationstar’s joinder and adoption by reference in 

Shellpoint’s no-evidence and traditional summary judgment motions. It read, in 

relevant part, as follows 

The Court, having considered the Motions, any responses or replies and 

oral argument, finds that the Motions have merit and are hereby 

GRANTED. 

IT IS THEREFORE ORDERED that Nationstar Mortgage 

LLC is granted summary judgment on all claims asserted against it by 

Plaintiff . . . 

FURTHER, IT IS ORDERED that Plaintiff shall bear all costs. 

Because the orders did not determine the amount of fees to which Shellpoint 

was entitled or address Nationstar’s request for fees and the order granting 
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Shellpoint’s no-evidence and traditional summary judgment motions specifically 

stated that judgment would follow by separate order, we questioned our jurisdiction 

over the appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) 

(when no conventional trial has been held, judgment is final for purposes of appeal 

only if it actually disposes of all pending claims and parties or unequivocally states 

it finally disposes of all parties and claims). In a letter brief filed at our direction, 

Shellpoint and Nationstar agree their requests for attorney’s fees remain pending and 

note the second order is not definite with respect to Shellpoint’s other affirmative 

claims. See Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985) (per curiam) (to be 

appealable, judgment must not only be final but also “sufficiently” definite and 

certain concerning parties’ rights) (quoting Steed v. State, 183 S.W.2d 458, 460 (Tex. 

1944)). Renfro and Finley respond that Shellpoint and Nationstar “waived” their 

requests for fees because they failed to submit supporting evidence. Renfro and 

Finley further argue the third order is the “separate order” referenced in the second 

order as it awarded costs. 

An award of costs, by itself, however, does not make a judgment final, and 

even if Shellpoint and Nationstar “waived” their fees, their requests would still need 

to be denied by written order. See id.; see also Farmer v. Ben E. Keith, 907 S.W.2d 

495, 496 (Tex. 1995) (per curiam) (appellate timetable runs from signing of order 

even when signing order is ministerial). Because the appealed orders do not actually 
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dispose of the requests for fees or unequivocally state that they do, they are not final. 

Accordingly, we dismiss the appeal. 

220843F.P05 

 

/Dennise Garcia/ 

DENNISE GARCIA 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

LYNNE C. RENFRO AND G. LEE 

FINLEY, Appellants 

No. 05-22-00843-CV V. 

NEW REZ LLC D/B/A 

SHELLPOINT MORTGAGE 

SERVICING AND NATIONSTAR 

MORTGAGE, LLC, Appellees 

 On Appeal from the 366th Judicial 

District Court, Collin County, Texas 

Trial Court Cause No. 366-04946-

2019. 

Opinion delivered by Justice Garcia, 

Chief Justice Burns and Justice 

Carlyle participating. 

 In accordance with this Court’s opinion of this date, we DISMISS the appeal. 

 We ORDER that appellees New Rez LLC d/b/a Shellpoint Mortgage 

Servicing and Nationstar Mortgage, LLC recover their costs, if any, of this appeal 

from appellants Lynne C. Renfro and G. Lee Finley. 

Judgment entered December 15, 2022.