ETTL Engineers & Consultants, Inc. v. Central Texas Highway Constructors, LLC

Appeal Dismissed and Memorandum Opinion filed August 1, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00320-CV

ETTL ENGINEERS & CONSULTANTS, INC., Appellant

V.

CENTRAL TEXAS HIGHWAY CONSTRUCTORS, LLC, Appellee

On Appeal from the 190th District Court
Harris County, Texas
Trial Court Cause No. 2023-74808

MEMORANDUM OPINION

This is an appeal from a judgment signed February 2, 2024. By its terms, the
judgment awarded monetary relief to appellee while “retain[ing] jurisdiction over
the parties . . . for purposes of hearing [appellee]’s pending claims for Entry of a
Turnover Order[ and] for attorneys’ fees.” As near as can be determined from the
appellate record, the trial court has not yet awarded a specific amount of fees and
has not resolved the request for entry of a turnover order. Accordingly, the judgment
is interlocutory rather than final, and it is accordingly not appealable. See Lehmann
v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001) (“A judgment that finally
disposes of all remaining parties and claims, based on the record in the case, is final,
regardless of its language.”). The appealed-from judgment also lacks any apparent
basis for being immediately appealable. See CMH Homes v. Perez, 340 S.W.3d 444,
447 (Tex. 2011) (acknowledging the general rule that “interlocutory orders are not
immediately appealable”).

On June 19, 2024, the parties were informed the appeal was subject to
dismissal without further notice for want of jurisdiction unless any party
demonstrated by June 29, 2024 that this court had jurisdiction. See Tex. R. App. P.
42.3(a). The parties did not file a response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Wilson.

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