Dismiss and Opinion Filed August 11, 2022

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00173-CV

TAMI DONALD, JERRY MOORE, AND SUMMIT SPRING WATER 

COMPANY, INC., Appellants

V.

BMR DISTRIBUTING, INC., RHONE WATER COMPANY INC. D/B/A 

FROSTY'S WATER, BRIAN ROSE, NORTH TEXAS MOUNTAIN 

VALLEY WATER CORP., AND WATER EVENT GULF COAST, LLC, 

Appellees

On Appeal from the 44th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-18-08127

MEMORANDUM OPINION

Before Justices Partida-Kipness, Pedersen, III, and Nowell

Opinion by Justice Nowell

Appellants Tami Donald, Jerry Moore, and Summit Spring Water Company, 

Inc. appeal the trial court’s December 17, 2020 document titled “Final Judgment”

(December 2020 Order) in their lawsuit against appellees BMR Distributing, Inc., 

Rhone Water Company Inc. d/b/a Frosty’s Water, Brian Rose, North Texas 

Mountain Valley Water Corp., and Water Event Gulf Coast, LLC. We dismiss the 

appeal for lack of jurisdiction. 
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Generally, appellate courts have 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). “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.

While the December 2020 Order purports to be a final judgment, it fails to 

dispose of two defendants in the lawsuit. Because the December 2020 Order does

not dispose of all parties and claims, we questioned whether it was a final judgment. 

Pursuant to supreme court authority, we abated the appeal to permit the trial court to 

clarify the December 2020 Order. See Bella Palma, LLC v. Young, 601 S.W.3d 799, 

801 (Tex. 2020) (“If the appellate court is uncertain about the intent of the order, it 

can abate the appeal to permit clarification by the trial court.”). The trial court replied 

in its “Order Clarifying December 17, 2020 Final Judgment” and stated the 

December 2020 Order “is not a final judgment as there are two parties, BMR 

Distributing and Rhone Water, Defendants, against which Plaintiff’s [sic] claims can 

continue.” 

Having received the trial court’s Clarifying Order stating the December 2020 

Order does not dispose of all parties to this lawsuit and is not a final judgment, we 
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conclude we lack jurisdiction over the appeal. Accordingly, we dismiss the appeal 

for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

210173f.p05

/Erin A. Nowell//

ERIN A. NOWELL

JUSTICE
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

TAMI DONALD, JERRY MOORE, 

AND SUMMIT SPRING WATER 

COMPANY, INC., Appellants

No. 05-21-00173-CV V.

BMR DISTRIBUTING, INC., 

RHONE WATER COMPANY INC. 

D/B/A FROSTY'S WATER, BRIAN 

ROSE, AND NORTH TEXAS 

MOUNTAIN VALLEY WATER 

CORP., AND WATER EVENT 

GULF COAST, LLC, Appellees

On Appeal from the 44th Judicial 

District Court, Dallas County, Texas

Trial Court Cause No. DC-18-08127.

Opinion delivered by Justice Nowell. 

Justices Partida-Kipness and 

Pedersen, III participating.

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

DISMISSED for want of jurisdiction.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 11th day of August 2022.