City of Dripping Springs, Texas v. Lazy W District No. 1; Bruce L. Bolbock, M. D.; And Barbara Wiatrek Bolbock
CourtTexas Court of Appeals, 15th District
Date FiledAugust 11, 2026
Docket15-26-00061-CV
StatusPublished
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Full Opinion
Motion granted; Appeal Dismissed and Memorandum Opinion filed August 11,
2026.
In The
Fifteenth Court of Appeals
NO. 15-26-00061-CV
CITY OF DRIPPING SPRINGS, TEXAS, Appellant
V.
LAZY W DISTRICT NO. 1; BRUCE L. BOLBOCK, M.D.; AND BARBARA
WIATREK BOLBOCK, Appellees
On Appeal from the 274th District Court
Hays County, Texas
Trial Court Cause No. 25-1560-DCC
MEMORANDUM OPINION
Not long after Lazy W District No. 1 filed a motion to dismiss this appeal for
lack of jurisdiction, the City of Dripping Springs filed a motion requesting that we
abate this appeal “to allow the trial court to resolve all remaining matters, including
Lazy W’s motion for attorney’s fees, take any other actions required for finality, and
enter a definitively worded final judgment.” We granted the motion and abated the
appeal for 60 days. Upon the expiration of that time, we issued a second order
abating the appeal for the same reasons for an additional 30 days.
The parties have now filed a “Joint Motion to Remand” this appeal to the trial
court so that it may “conduct further proceedings to confirm the finality of its
judgment,” which would include deciding Lazy W’s motion for attorneys’ fees and
the Bolbocks’ counterclaims and attorneys’ fees. But those are the same grounds the
City relied upon to justify its first requested abatement 4 months ago, and that request
came 3 months after the trial court signed the summary-judgment orders the City
seeks to appeal. It has now been 7 months since the trial court signed those orders,
and yet it appears from the filings that the parties are no closer to securing a final
judgment than they were when the City noticed its appeal in January. What’s more,
the remaining tasks are not ministerial jurisdictional fixes, but instead involve
motions, consideration of evidence, and probably hearings. In other words,
continued litigation for an unforeseeable period of time.1
Accordingly, we will proceed to consider Lazy W’s still-pending dismissal
motion.2
Although this Court is unique in the sense that it has exclusive intermediate
appellate jurisdiction over those matters described by § 22.220(d) of the Texas
Government Code,3 it is nonetheless subject to the same general rule that appellate
review is limited to final judgments, subject to a “narrow exception” for
interlocutory orders made appealable by statute.4 The summary-judgment orders the
1
See, e.g., Garcia v. Segway, Inc., 2024 WL 3748382, at *1 (Tex. App.—Amarillo Aug. 9,
2024, no pet.) (“[W]e may abate a premature appeal to allow the trial court to cure a jurisdictional
defect, particularly when only the ministerial act of making a judgment final remains.”) (emphasis
added).
2
Lazy W filed the motion on March 19, 2026. The City had ample time to respond but never
did. See TEX. R. APP. P. 10.1(b).
3
See Kelley v. Homminga, 706 S.W.3d 829, 831 (Tex. 2025).
4
See Harley Channelview Props., LLC v. Harley Marine Gulf, LLC, 690 S.W.3d 32, 37
(Tex. 2024); CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011); Lehmann v. Har-Con Corp.,
2
City seeks to appeal—which decided the parties’ competing motions disputing
application of the doctrine of paramount importance to the City’s condemnation
claim—are not immediately appealable under any statutory authority. The orders
therefore must be final for this Court to have jurisdiction.
Generally, a judgment issued without a conventional trial is final when it
either (1) “actually disposes of all claims and parties,” or (2) “states with
unmistakable clarity that it is a final judgment.”5 The orders here do not contain
unequivocal finality language, nor do they actually dispose of all claims and parties,
since the record reflects that, at the very least, Lazy W’s requests for attorneys’ fees
and the Bolbocks’ counterclaims remain pending.
Because there is no final judgment or appealable interlocutory order, we
GRANT Lazy W’s motion and dismiss this appeal for want of jurisdiction.6 See
TEX. R. APP. P. 42.3(a), 43.2(f). We DENY the portion of Lazy W’s motion
requesting damages. We DISMISS the joint motion to remand as moot.
PER CURIAM
Panel consists of Chief Justice Brister and Justices Field and Farris.
39 S.W.3d 191, 192 (Tex. 2001); see also TEX. CIV. PRAC. & REM. CODE § 51.012.
5
In re C.K.M., 709 S.W.3d 613, 616 (Tex. 2025) (quoting Lehmann, 39 S.W.3d at 192–93)).
6
The City can challenge the interlocutory summary-judgment orders when they merge into
a final judgment. See Bonsmara Natural Beef Co. v. Hart of Tex. Cattle Feeders, LLC, 603 S.W.3d
385, 390 (Tex. 2020).
3