DISMISS and Opinion Filed November 23, 2021 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00766-CV 

ROBERT LYNN LLOYD, Appellant 

V. 

GAIL PHILLIPS MIZER, STEPHEN MIZER, AND 

STEPHEN JACK MIZER, Appellees 

On Appeal from the 471st Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 471-03228-2020 

MEMORANDUM OPINION 

Before Justices Myers, Molberg, and Garcia 

Opinion by Justice Garcia 

The Court questioned its jurisdiction over this appeal because there does not 

appear to be a final judgment or other appealable order. We directed appellant to 

file a letter brief addressing our concern with an opportunity for appellees to file a 

response. Appellant has complied. 

Generally, this Court has jurisdiction over final judgments and certain 

interlocutory orders as permitted by statute. See Lehmann v. Har–Con Corp., 39 

S.W.3d 191, 195 (Tex. 2001); see also TEX. CIV. PRAC. & REM. CODE ANN. § 

51.014(a) (listing appealable interlocutory orders). A final judgment is one that 

disposes of all parties and claims. See Lehmann, 39 S.W.3d at 195. 
 –2– 

Gail Phillips Mizer sued appellant. Appellant filed counterclaims against Ms. 

Mizer and third-party claims against Stephen Mizer and Stephen Jack Mizer. In his 

notice of appeal, appellant states he is appealing “the final judgment rendered on 

August 2, 2021.” The trial court signed two orders on August 2 – (1) granting Ms. 

Mizer’s motion for summary judgment on appellant’s counterclaims1

 and (2) 

granting third-party defendant Stephen Mizer’s motion for summary judgment. 

Although Stephen Mizer asserted a counterclaim for attorney’s fees, the trial court’s 

order does not dispose of it. Thus, appellant’s third-party claims against Stephen 

Jack Mizer and Stephen Mizer’s counterclaim for attorney’s fees remain pending. 

Appellant filed a letter brief wherein he acknowledged no final judgment has 

been signed, noting that neither of the two orders appealed contained finality 

language and that he would remove the “stumbling block” regarding Stephen Jack 

Mizer “by the time the case is re-offered for appeal.” Because no final judgment has 

been rendered, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 

42.3(a). 

210766F.P05 

 

1

 Subsequently, Ms. Mizer filed a notice of nonsuit on all her claims against appellant. By order signed 

on August 31, 2021, the trial court granted the nonsuit. 

/Dennise Garcia/ 

DENNISE GARCIA 

JUSTICE 
 –3– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

ROBERT LYNN LLOYD, Appellant 

No. 05-21-00766-CV V. 

GAIL PHILLIPS MIZER, STEPHEN 

MIZER, AND STEPHEN JACK 

MIZER, Appellees 

 On Appeal from the 471st Judicial 

District Court, Collin County, Texas 

Trial Court Cause No. 471-03228-

2020. 

Opinion delivered by Justice Garcia. 

Justices Myers and Molberg 

participating. 

 In accordance with this Court’s opinion of this date, the appeal is 

DISMISSED. 

 It is ORDERED that appellees GAIL PHILLIPS MIZER, STEPHEN 

MIZER, AND STEPHEN JACK MIZER recover their costs of this appeal from 

appellant ROBERT LYNN LLOYD. 

Judgment entered November 23, 2021