Rodolfo G. Rosa v. Office of the Attorney General (OAG) Title IV-D - Denton County Division; Judge Bruce McFarling, in His Official Capacity; David Trantham, in His Official Capacity as District Clerk of Denton County; Tracy Murphree, in His Official Capacity as Sheriff of Denton County; Thomas Little, Individually and in His Official Capacity as Attorney for Karlie N. Seater; Brent Hill, Individually and in His Former Capacity as Court-Appointed Counsel
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledOctober 8, 2026
Docket02-26-00109-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00109-CV
___________________________
RODOLFO G. ROSA, Appellant
V.
OFFICE OF THE ATTORNEY GENERAL (OAG) TITLE IV-D - DENTON
COUNTY DIVISION; JUDGE BRUCE MCFARLING, IN HIS OFFICIAL
CAPACITY; DAVID TRANTHAM, IN HIS OFFICIAL CAPACITY AS DISTRICT
CLERK OF DENTON COUNTY; TRACY MURPHREE, IN HIS OFFICIAL
CAPACITY AS SHERIFF OF DENTON COUNTY; THOMAS LITTLE,
INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ATTORNEY FOR
KARLIE N. SEATER; BRENT HILL, INDIVIDUALLY AND IN HIS FORMER
CAPACITY AS COURT-APPOINTED COUNSEL, Appellees
On Appeal from the 442nd District Court
Denton County, Texas
Trial Court No. 25-3585-442
Before Wallach, J.; Sudderth, C.J.; and Walker, J.
Per Curiam Memorandum Opinion
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MEMORANDUM OPINION
Appellant Rodolfo G. Rosa appeals from the trial court’s February 16,
2026 “First Amended Order Granting [Appellee] Thomas Little’s Motion to Dismiss
and Dismissing Plaintiff’s Claims for Want of Jurisdiction” (the February 16 Order),
which dismissed Rosa’s claims against Little on multiple grounds. The trial court had
previously signed an order dismissing the claims against the Office of the Attorney
General (OAG), Judge Bruce McFarling, Denton County District Clerk David
Trantham, and Denton County Sheriff Tracy Murphree.1 However, the trial court has
not signed an order disposing of Rosa’s claims against Appellee Brent Hill, who has
filed a motion to dismiss the appeal.
The February 16 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 February 16 Order was not clearly and unequivocally
final, it contained some language suggesting that the trial court may have intended it
1
In his trial court filings, Appellant spelled the Sheriff’s name as “Murphee,”
and that spelling appears in the trial court’s order dismissing Murphree, Trantham,
Judge McFarling, and the OAG. We use the correct spelling in this opinion.
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to be final. Accordingly, on June 17, 2026, we abated the appeal to allow the trial
court the opportunity to make it 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 trial court’s inaction to mean that it did not intend the
February 16 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.
Har-Con Corp., 39 S.W.3d 191, 195–96 (Tex. 2001). The February 16 Order is neither a
final judgment nor an appealable interlocutory order. See Tex. Civ. Prac. & Rem. Code
§ 51.014(a). Accordingly, we do not have jurisdiction over this appeal. We grant Hill’s
motion and dismiss the appeal for want of jurisdiction.
We deny as moot Appellant’s pending “Motion to Reinstate Appeal and
Request for Further Relief.”
Per Curiam
Delivered: October 8, 2026
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