Opinion
05-20-01058-CV
06-07-2022
CRYOUSA IMPORT AND SALES, LLC, Appellant v. REVITALIZE360, LLC, Appellee
On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-04158
Before Justices Schenck, Molberg, and Pedersen, III
MEMORANDUM OPINION
KEN MOLBERG, JUSTICE
Appellant CryoUSA Import and Sales, LLC appeals the trial court's judgment in favor of appellee Revitalize360, LLC. The trial court's judgment before us awarded appellee, among other things, "[r]easonable and necessary attorney's fees in an amount to be determined." To be final and appealable, a judgment must fully dispose of all issues and parties in a lawsuit; it must define the parties' rights with certainty. Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985). This Court has long recognized that a judgment that fails to specify an amount of attorney's fees awarded to a party is not final. Chado v. PNL Blackacre, L.P., No. 05-04-00312-CV, 2005 WL 428824 (Tex. App.-Dallas Feb. 24, 2005, no pet.) (mem. op.); see also Daniels v. SS Cottages LLC, No. 05-21-00759-CV, 2022 WL 391509 (Tex. App.-Dallas Feb. 9, 2022, no pet.) (mem. op.) (judgment awarding appellate attorney's fees without stating amount awarded was not final and appealable).
After questioning "whether the judgment which is the subject of this appeal is final," we abated the appeal to give the trial court an opportunity to sign a clarifying order relating to attorney's fees. See Bella Palma, LLC v. Young, 601 S.W.3d 799, 801 (Tex. 2020). We have received no such order.
Appellant argues that, despite this, the judgment's statement that it "finally disposes of all parties and all claims and is appealable" rendered the judgment final under Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001) (observing that such a statement "would leave no doubt about the trial court's intention"). But we do not read Lehmann to overrule or create "an exception to the supreme court's prior decisions that a judgment must be definite and certain to be final." In re Blankenhagen, 513 S.W.3d 97, 100-02 (Tex. App.-Houston [14th Dist.] 2016, pet. dism'd) (concluding a judgment was not final when it awarded an amount "not yet determined" despite its statement that it finally disposed of all parties and claims and was appealable). As the Houston court elaborated, "Lehmann did not involve a judgment awarding an unascertainable amount or address whether such a judgment is made final by a clear statement that it finally disposes of all claims and all parties." Id.
Accordingly, we conclude the judgment before us on appeal is not final, and we dismiss this appeal for want of jurisdiction. See Hinde, 701 S.W.2d at 639; Chado, L.P., 2005 WL 428824, at *1.
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED for want of jurisdiction.
It is ORDERED that appellee REVITALIZE360, LLC recover its costs of this appeal, if any, from appellant CRYOUSA IMPORT AND SALES, LLC.
Judgment entered this 7th day of June 2022.