Randy Charles McMullen v. Mindy Louise Huffman
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledOctober 22, 2026
Docket02-26-00613-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00613-CV
___________________________
RANDY CHARLES MCMULLEN, Appellant
V.
MINDY LOUISE HUFFMAN, Appellee
On Appeal from the 97th District Court
Archer County, Texas
Trial Court No. 2021-0127A-CV
Before Kerr, Birdwell, and Bassel, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
Appellant Randy Charles McMullen appeals three orders: (1) an “Order
Denying Rule 120a TRCP Special Appearance,” (2) an “Order for Capias,” and (3) a
“Second Order on Enforcing Property Division.” Because none of these orders is a
final judgment or an appealable interlocutory order, we dismiss the appeal for want of
jurisdiction.
Generally, appeals may be taken only from final judgments or interlocutory
orders authorized by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195, 200 (Tex.
2001). Absent a conventional trial on the merits, a judgment is final if it either
(1) states with unmistakable clarity that it is a final judgment as to all claims and all
parties or (2) actually disposes of all claims and parties then before the court,
regardless of its language. Id. at 192–93.
To determine whether an order is a final judgment, we should first examine the
order’s language itself. In re Elizondo, 544 S.W.3d 824, 827–28 (Tex. 2018) (orig.
proceeding) (citing Lehmann, 39 S.W.3d at 195, 205–06); In re M & O Homebuilders, Inc.,
516 S.W.3d 101, 106 (Tex. App.—Houston [1st Dist.] 2017, orig. proceeding). No
“magic language” renders a judgment final, and “a trial court may express its intent to
render a final judgment by describing its action as (1) final, (2) a disposition of all
claims and parties, and (3) appealable.” In re C.K.M., 709 S.W.3d 613, 617, 618 (Tex.
2025) (quoting Bella Palma, LLC v. Young, 601 S.W.3d 799, 801 (Tex. 2020)).
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This case arises out of Appellee Mindy Louise Huffman’s petition for
enforcement of the parties’ final divorce decree. See Tex. Fam. Code § 9.001 (allowing
divorce-decree-enforcement suits). After the trial court heard Huffman’s petition, it
signed a “Second Order on Enforcing Property Division.”1 In that enforcement
order, the trial court granted part of the relief Huffman had requested, but the order
stated that “unresolved issues” remained pending before the trial court: “It is further
ordered that the unresolved issues in [Huffman’s] Motions for Enforcement of
contempt, punishment, her claims for uninsured medical reimbursement, and all
non-addressed allegations of violations not addressed herein this [o]rder are reserved
until further order of the [c]ourt.” [Formatting altered.]
The challenged enforcement order does not say that it is final, does not indicate
that it is disposing of all claims and parties before the court, does not state that it is
appealable, and expressly reserves ruling on unresolved issues. In short, the order
does not state with unmistakable clarity that it is a final judgment concerning all
claims and all parties, and it does not actually dispose of all claims and parties. See
Lehmann, 39 S.W.3d at 192–93; see also C.K.M., 709 S.W.3d at 618. Accordingly, the
order is unappealable. See, e.g., In re K.E.A., 359 S.W.3d 387, 389 (Tex. App.—Dallas
2012, no pet.) (dismissing appeal because enforcement order reserved issues for later
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The trial court had signed an earlier enforcement order but had reserved ruling
on certain “unresolved issues” in Huffman’s enforcement petition—some of which
the trial court then addressed in its second enforcement order. McMullen has not
indicated that he wants to challenge the earlier enforcement order.
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determination); In re A.W.D., 355 S.W.3d 914, 916 (Tex. App.—Amarillo 2011, no
pet.) (stating that appellate court was unaware of anything “authorizing an immediate
appeal of an interlocutory confirmation order while issues of contempt and
enforcement remain pending”).
When a trial court signs a final judgment, interlocutory orders merge into the
final judgment and may be challenged by appealing that judgment. Bonsmara Nat. Beef
Co., LLC v. Hart of Tex. Cattle Feeders, LLC, 603 S.W.3d 385, 390 (Tex. 2020). Because
the enforcement order is not final, the trial court’s interlocutory special-appearance
and capias orders did not merge into the enforcement order.
We must therefore consider whether either of those two interlocutory orders is
appealable. Concerning the trial court’s denied special-appearance order, Section
51.014 of the Civil Practice and Remedies Code expressly disallows an interlocutory
appeal from an order denying a special appearance “in a suit brought under the Family
Code,” so it is not appealable. See Tex. Civ. Prac. & Rem. Code § 51.014(a)(7). And as
for the challenged capias order, because “an order for capias is not an appealable
order,” we lack jurisdiction over that order too. Altenhofen v. Bush,
No. 11-18-00168-CV, 2018 WL 3763792, at *1 (Tex. App.—Eastland Aug. 9, 2018,
no pet.) (citing In re Gonzalez, 993 S.W.2d 147, 157–58 (Tex. App.—San Antonio
1999, no pet.)).
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We called these issues to the parties’ attention and gave them ten days to show
grounds for continuing the appeal. See Tex. R. App. P. 44.3. But that deadline has
passed, and neither party has responded.
Because no final judgment or appealable interlocutory order has been rendered
in this case, we lack appellate jurisdiction. Accordingly, we dismiss this appeal for
want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Delivered: October 22, 2026
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