Deutsche Bank National Trust 

Company and Robert /s

Fourth Court of Appeals

San Antonio, Texas

December 15, 2015

No. 04-15-00663-CV

Theresa Fay JERRY,

Appellant

v.

DEUTSCHE BANK NATIONAL TRUST COMPANY and Robert Valdespino as Trustee, Et 

al.,

Appellees

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2014-CI-05864

Honorable Antonia Arteaga, Judge Presiding

ORDER

Appellant Theresa Jerry has filed a pro se Original Appeal of Motion to Summary 

Judgment. The filing, which we construe as a notice of appeal, alleges the trial court granted 

motions for summary judgment. The Clerk’s Record contain a traditional and no-evidence 

motion for summary judgment filed by Deutsche Bank National Trust Company, as Trustee for 

Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-M2. However, the 

Clerk’s Record contains no motion for summary judgment filed by Robert Valdespino. The 

Clerk’s Record also contains no order on a motion for summary judgment. The only orders in 

Clerk’s Record are an order granting Jerry’s counsel’s motion to withdraw and an “Order 

Sustaining Defendant’s Special Exceptions and Dismissing Claims Against Defendant Rob 

Valdespino.” The Clerk’s Record does not contain the special exceptions filed by Robert 

Valdespino. 

As a general rule, “an appeal may be taken only from a final judgment.” Lehmann v. HarCon Corp., 39 S.W.3d 191, 195 (Tex. 2001). “A judgment is final for purposes of appeal if it 

disposes of all pending parties and claims in the record, except as necessary to carry out the 

decree.” Id. Furthermore, “a judgment issued without a conventional trial is final for purposes of 

appeal if and only if either it actually disposes of all claims and parties then before the court, 

regardless of its language, or it states with unmistakable clarity that it is a final judgment as to all 

claims and all parties.” Id. at 192-93. 
The only order disposing of any claims or defendants is the order dismissing Jerry’s 

claims against Robert Valdespino. The order does not dispose of Jerry’s claims against Deutsche 

Bank. The order also does not state with unmistakable clarity that it is a final judgment as to all 

claims and all parties. Furthermore, the orders that Jerry states she desires to appeal, orders 

granting motions for summary judgment, are not contained in the record. 

It therefore appears to the court that there is no final, appealable judgment. We order 

appellant to show cause in writing to this court no later than January 4, 2016 why this appeal 

should not be dismissed for lack of jurisdiction. If a supplemental clerk’s record is required to 

demonstrate our jurisdiction, appellant must (a) ask the trial court clerk to prepare the record, and 

(b) notify this court that such a request was made. We further order the appellate deadlines 

suspended until further order of this court. If appellant fails to file a satisfactory response by the 

date ordered, the appeal will be dismissed.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 15th day of December, 2015.

___________________________________

Keith E. Hottle

Clerk of Court