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Aetna Cas. & Sur. Co. v. Longstreet
June 24, 1999
Unpublished Opinion

Aetna Cas. & Sur. Co. v. Longstreet

Court of Appeals of Texas,

Corpus Christi–Edinburg.



Laura LONGSTREET, As the Legal Representative for Bassett Edgar Longstreet.

No. 13–99–091–CV.


June 24, 1999.

On appeal from the County Court at Law No. One of Calhoun County, Texas.

Attorneys & Firms

John W. Griffin, Jr., for The Aetna Casualty & Surety Company.

Jerry McFaddin Young, for Laura Longstreet.

Before Justices HINOJOSA, CHAVEZ.



*1 Bassett Edgar Longstreet sued Aetna Casualty & Surety Company, alleging that Aetna was liable to pay workers’ compensation benefits to him, and that it had denied his claim for those benefits in bad faith. At a pre-trial hearing on March 30, 1998, Aetna asked the trial court to consider its motion to conduct separate trials on Longstreet’s claims to insurance benefits and his bad faith claims. Longstreet conceded that separate trials were required, and the parties proceeded to discuss arrangements for trying the underlying benefits claims first and, if the Longstreet prevailed, then trying the bad faith claims.

In May, 1998, a trial was held that was limited to issues concerning Aetna’s liability to pay workers’ compensation benefits to Longstreet and did not address Longstreet’s bad faith claims. The jury returned a verdict in Longstreet’s favor, and on November 23, 1998, the trial court signed a judgment for approximately $864,000.

Aetna appeals from that judgment, contending that it is a final judgment. We disagree. Only the insurance benefits issues were tried in the May, 198 trial, as agreed by the parties. Because Longstreet’s bad faith claims remain pending in the trial court, Aetna’s attempted appeal is interlocutory. Under Texas procedure, appeals are allowed only from final orders or judgments. TEX. CIV. PRAC. & REM.CODE ANN. § 51.014 (Vernon Supp.1999).

Therefore, appellant’s appeal is dismissed for want of jurisdiction.

End of Document