Opinions, March 26, 2014

Today the Fourteenth Court of Appeals issued its opinion in In re E.S., No. 14-14-00328-CV (Tex.App.–Houston [14th Dist.] Mar. 26, 2015) which stands for the unobjectionable proposition that a partial summary judgment is not a final and appealable order. In this matter, the petitioner’s suit asserted he was the father of a child born to respondent mother in 2006, though the mother was married at the time of conception and birth to her husband. In fact, the mother had been married to her husband in 1990 and remained married to him to present. The husband’s name was listed as the father on the child’s birth certificate.  The petitioner’s original petition named only the mother as respondent, but he eventually amended to include the husband as a respondent.  The mother and husband filed counter-claims against petitioner. The husband filed a motion for summary judgment asserting a statute of limitations defense which was granted. The petitioner appealed. The Court of Appeals found it lacked jurisdiction over petitioner’s appeal because the summary judgment was not a final order which disposed of all claims.

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