Schlipf v. Exxon Corp.
| Decision Date | 03 November 1982 |
| Docket Number | No. C-943,C-943 |
| Citation | 644 S.W.2d 453 |
| Parties | Carl F. SCHLIPF et al., Petitioners, v. EXXON CORPORATION et al., Respondents. |
| Court | Texas Supreme Court |
Our former opinion is withdrawn and this one is substituted by a majority of the Court.
Carl Schlipf and others, collectively referred to herein as Schlipf, brought suit against Exxon for recovery of damages for retained gas royalties and prejudgment interest on all royalties withheld by Exxon since April 1, 1978. Schlipf filed a motion for summary judgment which was contested by Exxon. Exxon did not file a motion for summary judgment. The trial court granted Schlipf's motion for summary judgment on the retained royalties, but it denied the prejudgment interest claim. A judgment was rendered by the trial court which included a recitation that, "the relief herein granted Plaintiffs, ... is in satisfaction of all of their claims and causes of action asserted in their Second Amended Petition herein and all claims and/or causes of action herein asserted by all parties herein and not herein granted are hereby in all things denied and concluded; ...."
All parties perfected appeal to the court of appeals. Exxon appealed the trial court's order that the disputed royalties were presently payable to Schlipf. Schlipf appealed the trial court's failure to award prejudgment interest. The court of appeals reversed the judgment of the trial court and remanded the case, holding Schlipf had failed to submit evidence justifying the summary judgment as to the retained gas royalties. 626 S.W.2d 74.
An intervenor in the trial court, Sun Oil Company (Delaware), filed a motion with the court of appeals to dismiss all appeals for want of jurisdiction. Sun Oil contended that because the trial court's judgment did not dispose of Schlipf's claim for prejudgment interest, the judgment constituted a partial summary judgment and was an interlocutory and unappealable order. The court of appeals overruled Sun Oil's motion, with one justice dissenting.
The crucial question before us is whether the judgment rendered by the trial court was final or interlocutory. A final judgment is one disposing of all issues and parties in the case. North East Independent School District v. Aldridge, 400 S.W.2d 893 (Tex.1966). It is an established rule that if the only order in the trial court is one overruling a motion for summary judgment, then that order is interlocutory and no appeal will lie therefrom. Novak v. Stevens, 596 S.W.2d 848 (Tex.1980); Tobin v. Garcia, 159 Tex. 58, 316 S.W.2d 396 (1958). Furthermore, no appeal will lie from a partial summary judgment unless there is an order of severance. Pan American...
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