Rodolfo G. Rosa v. Thomas Little; David Trantham, in His Official Capacity as District Clerk of Denton County; Denton County Sheriff; And Judge Bruce McFarling, in His Official Capacity as Presiding Judge of the 362nd District Court
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledOctober 8, 2026
Docket02-26-00124-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00124-CV
___________________________
RODOLFO G. ROSA, Appellant
V.
THOMAS LITTLE; DAVID TRANTHAM, IN HIS OFFICIAL CAPACITY AS
DISTRICT CLERK OF DENTON COUNTY; DENTON COUNTY SHERIFF; AND
JUDGE BRUCE MCFARLING, IN HIS OFFICIAL CAPACITY AS PRESIDING
JUDGE OF THE 362ND DISTRICT COURT, Appellees
On Appeal from the 367th District Court
Denton County, Texas
Trial Court No. 25-5366-16
Before Wallach, J.; Sudderth, C.J.; and Walker, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Rodolfo G. Rosa appeals from the trial court’s December 12,
2025 “Order Granting [Appellee] Thomas Little’s Motion to Dismiss and Sustaining
Thomas Little’s Plea to the Jurisdiction” (the December 12 Order) that dismissed with
prejudice Rosa’s claims against Little on multiple grounds. However, the December
12 Order does not clearly and unequivocally express the trial court’s intent to render a
final judgment, see Bella Palma, LLC v. Young, 601 S.W.3d 799, 801 (Tex. 2020), and the
order does not actually dispose of all claims and parties. Thus, the order is not final.
See Patel v. Nations Renovations, LLC, 661 S.W.3d 151, 154 (Tex. 2023) (“By definition,
a final judgment must dispose of all parties and all claims in the underlying case.”).
However, although the December 12 Order was not clearly and unequivocally
final, it contained some language suggesting that the trial court may have intended it
to be final. Accordingly, on June 26, 2026, we abated the appeal to allow the trial
court the opportunity to make the order final. See Tex. R. App. P. 27.2 (stating that an
appellate court “may allow an appealed order that is not final to be modified so as to
be made final”). The trial court has taken no action in response to the abatement
order. We interpret the court’s inaction to mean that it did not intend for the
December 12 Order to be a final judgment.
Generally, appeals may be taken only from final judgments and certain
interlocutory orders made appealable by statute. See Tex. Civ. Prac. & Rem. Code
§ 51.014; In re Guardianship of Jones, 629 S.W.3d 921, 924 (Tex. 2021); Lehmann v.
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Har-Con Corp., 39 S.W.3d 191, 195–96 (Tex. 2001). The December 12 Order is neither
a final judgment nor an appealable interlocutory order. See Tex. Civ. Prac. & Rem.
Code Ann. § 51.014. Accordingly, we do not have jurisdiction over this appeal, and
we dismiss the appeal for want of jurisdiction.
We deny as moot Appellant’s pending “Motion for Entry of a Definite
Compliance Deadline and for Further Relief.”
Per Curiam
Delivered: October 8, 2026
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