Fourth Court of Appeals

San Antonio, Texas

October 25, 2018

No. 04-18-00708-CV

TEXAS BRANDON CORPORATION, INC.,

Appellant

v.

EOG RESOURCES, INC., Karhuhn Oil, Robert E. Brandt, Joachim K. Leicht, Dick A. Tracey, 

Chad E. Brandt, Alicat Energy L.L.C. and Fred Levine,

Appellees

From the 218th Judicial District Court, Karnes County, Texas

Trial Court No. 16-03-00066-CVK

Honorable Russell Wilson, Judge Presiding

ORDER

In the original petition, Texas Brandon Corporation (“TBC”), Celia Segall Davis, 

Candace S. Thompson, Shirley Green, and American Crude, Inc. brought trespass to try title and 

declaratory judgment actions against EOG Resources, Inc. (“EOG”). Thereafter, EOG filed a 

Third-Party Petition against Karbuhn Oil Company, Robert E. Brandt, Joachim K. Leicht, Dick 

A. Tracy, Chad E. Brandt, and AliCat Energy, LLC (collectively “Third-Party Defendants”).

The plaintiffs collectively and Ron Wilson then filed an amended petition in which Fred Levine 

was added as a defendant, raising claims of breach of contract, breach of fiduciary duty, 

negligence, gross negligence, conversion, fraud, and discrimination. Additionally, Davis and 

Thompson filed a second amended petition against EOG, the Third-Party Defendants, and 

Levine.

According to the record before us, multiple motions for summary judgment were filed in 

the underlying case. On August 28, 2018, Levine filed a motion for summary judgment against 

TBC. On August 29, 2018, the Third-Party Defendants filed a motion for summary judgment 

against all plaintiffs except Wilson. Also on August 29, 2018, EOG filed a motion for summary 

judgment against TBC. Finally, on August 30, 2018, TBC and Ron Wilson filed a motion for 

summary judgment against EOG, Levine, and the Third-Party Defendants.
Included in the record before us are four orders signed by the trial court on September 20, 

2018. According to the record, the trial court signed two orders granting Levine’s motion for 

summary judgment and ordered that TBC take nothing on its claims against Levine. The trial 

court also granted EOG’s motion for summary judgment, ordering that TBC take nothing on its 

claims against EOG, “including its working interest claim.” Finally, the trial court denied TBC 

and Ron Wilson’s motion for summary judgment. The record does not contain an order 

disposing of the Third-Party Defendants’ motion for summary judgment. Further, the record 

does not contain an order disposing of any plaintiffs’ claims, other than TBC’s.

TBC then filed two notices of appeal, indicating that it intends to appeal from the trial 

court’s orders granting Levine’s and EOG’s motions for summary judgment and denying TBC’s 

motion for summary judgment.

A judgment or order is final for purposes of appeal if it actually disposes of all pending 

parties and claims before the court. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 

2001). Here, the trial court’s orders of September 20, 2018, are interlocutory because they do not 

dispose of all parties and causes of action. Further, the record does not include any motion 

severing claims or parties. Thus, the orders are not final and appealable orders. Interlocutory 

orders may be appealed only if a specific statute authorizes such an interlocutory appeal. For 

example, section 51.014 of the Texas Civil Practice and Remedies Code lists circumstances 

under which a party may appeal from an interlocutory order of a district court, county court at 

law, or county court. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014. We cannot, however, 

find any statutory authority that allows a party to appeal from such interlocutory orders as those 

contained in the record before us. 

We, therefore, ORDER appellant to show cause in writing by November 9, 2018 why 

this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines 

pending our determination of whether we have jurisdiction over this appeal.

_________________________________

Irene Rios, Justice

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

court on this 25th day of October, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court