Marsha Mathis v. the Kroger Co. and Kroger Texas L.P.

Appeal Dismissed and Memorandum Opinion filed November 21, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00665-CV

MARSHA MATHIS, Appellant

V.

THE KROGER CO. AND KROGER TEXAS L.P., Appellees

On Appeal from the 190th District Court
Harris County, Texas
Trial Court Cause No. 2022-53523

MEMORANDUM OPINION

This is an appeal from a judgment signed August 8, 2023, in which the trial
court rendered judgment for appellee Kroger Texas L.P. against appellant Marsha
Mathis. By its terms, however, the judgment did not resolve claims raised by
appellant against appellee The Kroger Co. As near as can be determined from the
appellate record, those claims remain pending in the trial court proceeding.
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 October 30, 2023, the parties were informed the appeal was subject to
dismissal without further notice for want of jurisdiction unless any party
demonstrated by November 9, 2023 that this court had jurisdiction. See Tex. R. App.
P. 42.3(a). Neither party has filed a response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Jewell.

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