## In the Court of Appea ls Second Appellate D istrict of Texas at For t Worth

___________________________ No. 02

- 22

- 00084

- CV

___________________________

On Appeal from the 415th District Court Parker County, Texas Trial Court No. CV20

- 0637

Before Wallach , J.; Sudderth, C.J.; and Walker, J. Per Curiam Me mor andum O pinion 

### F LOYD 

### R OGERS 

### III, AS SURVIVING SON OF DECEASED 

### F LOYD 

### R OGERS 

### , J R


### . “J UNIOR 

### ,” Appellant

V


### . D R


### . A VI 

### T. D ES HMUKH 

### , Appellee2 ME MORANDU M OPINION Appellant F loyd Rogers III sued Texas Oncology, Corp.; Dr. David D’Spain; Dr. Than Nguyen; the Center For Cancer and Blood Disorder (the Center); UT Southwestern Medical Center; Medical City Weatherford, and Dr. Avi T. Des hmukh
on claims r elated to the death of Roger s ’ s father

. In a series of orders, the trial court disposed o f the claims against most of the defendants. Appellant filed a notice of appeal from the trial court’s March 3, 2022 order dis mis sing the claim s ag ainst Dr.
Deshmukh. T hat o r der does not, however, address claims against any other defendant and does not include language indicating that it is a final judgment. See In re Elizondo , 544 S.W.3d 824, 826 (Tex. 2018) (orig. proceeding).
We have jurisdict ion to con sider appeals only fr om final judgments and from certain interlocutory orders made immediately appealable by statute. See Lehmann v.
Har

- Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001); see also Tex. Civ. Prac. & Rem. Code Ann. § 51.01 4(a ). A final jud gmen t is o ne that disposes of e very pending claim and party. See Lehmann , 39 S.W.3d at 205. Unless a statutory exception applies, an order that does not dispose of all pending parties and claims remains interlocutory and unappealable until a final judgment is signed

. See id.
With his n otice of appeal, Appellant provided copies of the trial court’s other
orders in the case. However, no order disposes of his claims against Texas Oncol ogy. T he order granting summary j udgment for the Cente r does include the word “f inal”

— both as a phrase in the title (“Take Nothing Final Judgment”) and when stating that3 all other relief requested by the Center was denied (“[a]ll other relief sought i n Defenda nt ’s Motion for Summary Judgment not expressl y granted in this Order and
Fin al Judgment is DENIED”). However, the order addresses only the claims against the Center, does not address the claims against Texas Oncology, and does n ot recite that it disp oses of all remaining parties and claims. See Shetewy v. Mediation Inst. of N.
Tex ., LLC , 624 S.W.3d 285, 288 (Tex. App.

— Fort Worth 2021, no pet.) (noting that an order’s title does not determine whether the order is a fina l judgmen t) ; W right v. Payne , No. 02

- 19

- 00147

- CV, 2019 WL 6003243, at *2 (Tex. App.

— Fort Worth Nov. 14, 2019, no pe t.) (mem. op.) (stating that using the words “final” or “appealable” in
an order does not make it final without a clear indication that the t rial cour t int ended
the order to dispose of the entire case). We notified Appellant that the order from which he wa s appealing did not appear to be a final judgment or an appealable interlocutory order. We informed him that unless he or any party desiring to contin ue th e appeal filed with this court a
respons e showing grounds for continuing the appeal, the appeal could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. Appellant filed a response asserting that the March 3, 20 22 dismissal order was a final judgment as to all
defendants. That order does not expressly dispose of the claims against Te xas Oncology or include clear finality language. See Lehmann , 39 S.W.3d at 205. Likewise,
none of t he other orders disp ose of Texas Oncology or include language indicating finality. See id

.4 Because the order from which Appellant attempts to appeal is neith er a final judgment nor an appealable interlocutory order, we dismiss his appeal for want of jurisd ict ion. See Tex. R. App. P. 42.3(a), 43.2(f).

Per Curiam
De livered: April 2 1 , 2022