Full Opinion (html_with_citations)

Appeal Dismissed and Memorandum Opinion filed December 28, 2023.




                                     In The

                    Fourteenth Court of Appeals

                             NO. 14-23-00659-CV

                     GIANNI VANNI LOPEZ, Appellant

                                       V.

   ALIYAH ROLLE, PROGRESSIVE COUNTY MUTUAL INSURANCE
        COMPANY, AND TURO INCORPORATED, Appellees

                   On Appeal from the 127th District Court
                           Harris County, Texas
                     Trial Court Cause No. 2022-51735


                         MEMORANDUM OPINION

      This is an appeal from a judgment signed August 11, 2023, dismissing all
claims appellant Gianni Vanni Lopez raised against appellees Aliyah Rolle and Turo
Incorporated. The order did not dismiss any claims against appellee Progressive
County Mutual Insurance Company, and the record does not indicate that those
claims have otherwise been resolved. Accordingly, the judgment is interlocutory
rather than final, and it is accordingly not appealable.1 See Lehmann v. Har-Con
Corp.,
39 S.W.3d 191, 200
 (Tex. 2001) (“A judgment that finally disposes of all
remaining parties and claims, based on the record in the case, is final, regardless of
its language.”); McLernon v. Dynegy, Inc.,
347 S.W.3d 315, 322
 (Tex. App.—
Houston [14th Dist.] 2011, no pet.) (acknowledging that a judgment awarding relief
must incorporate “language ordering recovery of a sum certain” in order to be a final
judgment). The appealed-from judgment also lacks any apparent basis for being
immediately appealable. See CMH Homes v. Perez,
340 S.W.3d 444, 447
 (Tex.
2011) (acknowledging the general rule that “interlocutory orders are not
immediately appealable”).

       On December 8, 2023, the parties were informed the appeal was subject to
dismissal without further notice for want of jurisdiction unless any party
demonstrated by December 18, 2023 that this court had jurisdiction. See Tex. R.
App. P. 42.3(a). No party filed a response.

       Accordingly, the appeal is ordered dismissed.

                                      PER CURIAM

Panel consists of Justices Hassan, Poissant, and Wilson.




       1
         The record contains an order signed August 28, 2023, that appears to reinstate claims
appellant raised on behalf of Gianluca Vanni against Rolle and Turo, as opposed to those claims
appellant raised on her own behalf. At the least, the August 28, 2023 order provides further
indication that the August 11, 2023 judgment is not final.

                                              2