Unreported / Non-Citable
Background
Annie Caldarera sued Kingfisher Living, doing business as Ella Springs Senior Assisted Living Facility, alleging three causes of action, including negligence. Kingfisher moved for summary judgment only on the negligence claim, and the trial court granted that motion on May 13, 2026.
Kingfisher moved to dismiss Caldarera’s appeal for lack of jurisdiction, arguing that the summary-judgment order was not final because it did not resolve every claim. Although the motion’s certificate of conference stated that Caldarera opposed dismissal, she did not file a response.
The Court’s Holding
The Texas First Court of Appeals held that the May 13 order was interlocutory and not appealable. The order contained no language clearly and unequivocally stating that it disposed of all parties and claims, so the court examined the record to determine whether it resolved the entire case.
The record showed that Caldarera pleaded three causes of action, while Kingfisher’s summary-judgment motion addressed only negligence. Because the remaining claims were still pending and no statute authorized an interlocutory appeal from this order, the court lacked appellate jurisdiction. It granted Kingfisher’s motion, dismissed the appeal, and dismissed all pending motions as moot.
Key Takeaways
- A Texas judgment ordinarily is appealable only if it disposes of all parties and claims.
- An order that does not resolve every pending claim may still be final if it clearly and unequivocally states that it disposes of the entire case.
- A summary-judgment order resolving only one of several pleaded claims is interlocutory when it lacks finality language and no statute authorizes an immediate appeal.
Why It Matters
The decision underscores the need to verify finality before appealing a partial summary judgment in Texas. Practitioners should compare the claims pleaded with those addressed by the dispositive motion and order, and should not assume that an order granting summary judgment ends the case.
If claims remain pending, appellate review generally must await a final judgment unless the order includes unequivocal finality language or a statute authorizes an interlocutory appeal.