Snelling v. Turner, 01-22-00576-CV

CourtCourt of Appeals of Texas
Writing for the CourtPER CURIAM
PartiesTODD SNELLING, Appellant v. WILLIAM F. TURNER, JR., Appellee
Docket Number01-22-00576-CV
Decision Date27 September 2022

TODD SNELLING, Appellant
v.

WILLIAM F. TURNER, JR., Appellee

No. 01-22-00576-CV

Court of Appeals of Texas, First District

September 27, 2022


On Appeal from the 113th District Court Harris County, Texas Trial Court Case No. 2020-83177

Panel consists of Kelly, Rivas-Molloy, and Guerra, Justices.

MEMORANDUM OPINION

PER CURIAM

Appellant, Todd Snelling, filed a notice of appeal from two July 21, 2022 trial court orders, including (1) a "[c]orrected [o]rder" granting the "Motion for Summary Judgment to Enforce the Stipulation of the Parties" filed by appellee, William F. Turner, Jr., and (2) an order of referral for mediation.

1

The underlying litigation was initiated by appellee to resolve a boundary dispute between the parties, alleging causes of action against appellant for trespass to try title, trespass, removal of cloud on title, and assault. In his petition, appellee sought to "recover the maximum available damages . . . attorney's fees, costs and pre- and post-judgment interest." On February 14, 2022, appellee filed a "Motion for Summary Judgment to Enforce the Stipulation of the Parties," requesting that the trial court grant summary judgment and order that, pursuant to the findings of an independent survey of the property, agreed to by the parties, appellee be permitted to "erect a fence . . . along the boundary between" the parties' respective properties.

Appellant failed to respond to the motion, and on June 3, 2022, the trial court entered an order granting appellee's motion. On June 7, 2022, appellee filed a "Motion to Sign Corrected Order," requesting that the trial court enter a new order granting appellee's motion for summary judgment. The corrections requested in appellee's motion did not modify the terms of the judgment, but instead corrected clerical errors. On July 21, 2022, the trial court entered an order granting appellee's motion and entered its "Corrected Order Granting [Appellee's] Motion for Summary Judgment to Enforce the Stipulation of the Parties." Notably, the trial court's order did not dispose of appellee's claims for damages, and expressly stated that it was "not a final judgment."

2

Separately, but also on July 21, 2022, the trial court entered an "Order of Referral for Mediation to Dispute Resolution Center." In the order, the trial court stated that the "case [was] appropriate for mediation," and it ordered the parties to participate in mediation within sixty days of the date of the...

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