McNally v. Guevara

holding that judgment was not final and appealable, in part, because it did not dispose of defendant’s attorney’s fees claim | holding that where a summary judgment order did not dispose of defendant’s claim for attorney’s fees, it was not a final appealable order | holding that summary judgment was not final and appealable because it did not dispose of claim for attorney’s fees | holding that a summary judgment that did not dispose of a defendant’s counterclaim for attorney’s fees was not a final, appealable judgment | holding that summary-judgment order’s resolution of court-costs claim did not dispose of attorney’s-fees claim and did not indicate finality | holding that summary-judgment 10 order’s disposition of court costs did not dispose of attorney’s-fees claim and did not demonstrate finality | holding that where a summary judgment order did not dispose of defendant = s claim for attorney = s fees, it was not a final appealable order | concluding judgment in which court did not dispose of defendant’s request for attorney’s fees was interlocutory | concluding judgment in which court did not dispose of defendant’s request for attorney’s fees did not dispose of all claims and parties and was interlocutory | holding a judgment that did not dispose of a claim for attorney fees was not a final, appealable judgment | concluding judgment in which court did not dispose of defendant’s request for attorney’s fees did not dispose of all claims and parties and was interlocutory | holding judgment not final because it failed to dispose of claim for attorney's fees and did not appear final on its face | explaining that there is no presumption that summary judgment motion addresses all of the movant’s claims | holding a judgment that did not dispose of attorney’s fees was not an appealable judgment | concluding there is no presumption that order granting summary judgment addresses all outstanding claims or disposes of all parties | holding summary judgment order was not a final judgment because it did not dispose of the defendants = claim for attorney = s fees | holding summary judgment not final because it did not refer to movant’s claims for attorney’s fees and contained no language indicating trial court intended it to be final | stating that summary judgment was not an appealable judgment because it did not appear final on its face and because it did not dispose of the defendants’ claim for attorneys’ fees | stating that summary judgment was not an appealable judgment because it did not appear final on its face and because it did not dispose of the defendants’ claim for attorneys’ fees | relying on Kearney & Son v. Fancher, 401 S.W.2d 897, 903–05 (Tex. Civ. App.—Fort Worth 1966, writ ref’d n.r.e. | reversing and remanding for court of appeals to determine whether to abate appeal to permit trial court to render final judgment or to dismiss for want of jurisdiction | remanding to court of appeals to determine whether to abate appeal for entry of a final judgment under rule 27.2 or to dismiss appeal for want 9 of jurisdiction | reversing and remanding for the court of appeals to determine whether to abate the appeal to permit the trial court to render a final judgment or to dismiss for want of jurisdiction | reversing and remanding for the court of appeals to determine whether to abate the appeal to permit the trial court to render a final judgment or to dismiss for want of jurisdiction | relying on Kearney & Son v. Fancher , 401 S.W.2d 897, 903-05 (Tex. Civ. App.--Fort Worth 1966, writ ref'd n.r.e.), to hold that holder of express easement permitting ingress and egress "cannot enlarge that right to include parking by prescription" | party’s omission of attorney’s fees claim from summary-judgment motion, when fees requested in petition, does not waive claim; summary judgment was not final | summary judgment that does not dispose of attorneys’ fees is not a final, appealable order | judgment was not final and appealable in part because