Opinion
04-23-00108-CV
03-24-2023
IN THE MATTER OF THE MARRIAGE OF CURTIS T WILLIAMS AND LARMETRICE NUNNALLY-WILLIAMS
From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2015-CI-13598 Honorable Angelica Jimenez, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
Appellant appeals the trial court's denial of his Motion Nunc Pro Tunc to Correct Clerical Error and Motion for Clarification of Property Division.
Appellee has filed a motion to dismiss, citing Shadowbrook Apartments v. Abu-Ahmad, 783 S.W.2d 210 (Tex. 1990), and arguing that the trial court's order regarding Appellant's motions at issue on appeal was not final and appealable.
We note that an order disposing of a motion to clarify can be appealable, but it must also be final. Starr v. Starr, 690 S.W.2d 86, 87 (Tex. App.-Dallas 1985, no writ); see also Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (holding that a final judgment is a prerequisite for most appeals), superseded by statute, TEX. CIV. PRAC. &REM. CODE ANN. § 51.014 (PROVIDING FOR CERTAIN INTERLOCUTORY APPEALS).
"To be final, a judgment must dispose of all parties and all issues and leave nothing in the suit for further decision except as necessary for carrying the decree into effect." Starr, 690 S.W.2d at 88 (citing Hargrove v. Insurance Inv. Corporation, 142 Tex. 111, 176 S.W.2d 744, 747 (1944)).
Here, according to the clerk's record, there are motions pending in the trial court. We order Appellant to show cause in writing within ten days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(A); Starr, 690 S.W.2d at 88; Lehmann, 39 S.W.3d at 195.
All other appellate deadlines are suspended pending further order of this court.