# Fourth Court of Appeals

**San Antonio, Tex as** 

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, Appellee s

From the 21 8th 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. b rought 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 coll ectively and Ron Wi lson 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 agai nst

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 Wils on 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, t he trial court signed two orders grant ing Levine’s motion for summary judgment and ordered that TBC take nothing o n its claims against Levine. The trial court also granted EOG’s motion for summary judgment, ordering that TBC take nothing o n its claims against EOG, “including its working inter est 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 dispos ing of any plaintiffs’ claims, other than TBC’ s.

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

court ’ s order s 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 cour t ’ s order s 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 order s

. Interlo cutory 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 T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. § 51.014. We cannot, however, find any statutory authority that allows a party to appeal from such interlocutory order s 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