Title: 

Aetna Cas. & Sur. Co. v. Longstreet

Date: 

June 24, 1999

Citation: 

13-99-091-CV

Court: 

Status: 

Unpublished Opinion

No History

Table of Contents

Court of Appeals of Texas,

Corpus Christi–Edinburg.

The AETNA CASUALTY & SURETY COMPANY

v.

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

No. 13–99–091–CV.

|

June 24, 1999.

Attorneys & Firms

Frank E. Weathered, L. Nelson Hall, John W. Griffin, Jr., for The Aetna Casualty & Surety Company.

John H. Kim, David Roberts, Jerry McFaddin Young, for Laura Longstreet.

Before Justices HINOJOSA, YANEZ, and CHAVEZ.

OPINION

OPINION PER CURIAM.

*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. Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992). Unless a statute specifically authorizes an interlocutory appeal, Texas appellate courts have jurisdiction only over final judgments. Cherokee Water Co. v. Ross, 698 S.W.2d 363, 365 (Tex.1985) (orig .proceeding). The civil practice and remedies code does not authorize an interlocutory appeal in this situation. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014 (Vernon Supp.1999).

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