Forest North/Springwoods Co-Operative Recreation Association v. City of Austin Marc Ott, City Manager Sara L. Hensley, Director of Parks and Recreation And Tom Nelson, Director of Acquatics

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00529-CV

Forest North/Springwoods Co-Operative Recreation Association, Appellant

v.

City of Austin; Marc Ott, City Manager; Sara L. Hensley, Director of Parks and Recreation; and Tom Nelson, Director of Aquatics, Appellees

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT NO. 11-1077-C368, HONORABLE BURT CARNES, JUDGE PRESIDING

DISSENTING OPINION

I respectfully dissent. Because I would conclude that the trial court in the summary judgment order disposed of all claims, even if it did so incorrectly, I would conclude that we have jurisdiction over this appeal. See Ritzell v. Espeche, 87 S.W.3d 536, 538 (Tex. 2002) (per curiam) (quoting Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001), for the principle of law that “an order that expressly disposes of the entire case is not interlocutory merely because the record fails to show an adequate motion or other legal basis for the disposition”).

Alternatively, I would abate the case to the trial court for clarification of its order. See Lehmann, 39 S.W.3d at 206 (“If the appellate court is uncertain about the intent of the order, it can abate the appeal to permit clarification by the trial court.” (citing Tex. R. App. P. 27.2)).

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Melissa Goodwin, Justice Before Chief Justice Jones, Justices Goodwin and Field Filed: June 27, 2013