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Click here for the full text of this decision FACTS:Appellant, Fresh Coat, Inc. (Fresh Coat), challenges the trial court’s rendition of summary judgment in favor of appellee, Life Forms, Inc. (Life Forms). Prior to the submission of briefing on the merits by either party, Life Forms filed a motion with this Court seeking to dismiss this appeal for want of jurisdiction. HOLDING:Dismissed for lack of jurisdiction. The judgment at issue here, entitled “Final Judgment,” contains a “Mother Hubbard” clause, e.g., “All relief not expressly granted is denied.” The Texas Supreme Court has held that the inclusion of such language, standing alone, does not indicate finality in a judgment rendered, as here, without a conventional trial on the merits. Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001). The judgment also clearly states that it “is a final judgment disposing of all parties and all issues.” Fresh Coat argues that this language is not an unequivocal statement of finality, and in support of its argument relies on the Texas Supreme Court’s suggestion in Lehmann that, to avoid any doubt as to the finality of its judgment, a trial court could include a statement such as, “”This judgment finally disposes of all parties and all claims and is appealable.’” Here, however, the fact that the trial court did not expressly state that its judgment was “appealable” does not render the court’s intent ambiguous. The issue presented to the trial court by Life Forms’s motion for summary judgment was whether Fresh Coat was contractually obligated to indemnify Life Forms for the attorney’s fees, costs, and settlements incurred and paid by Life Forms as a result of the class-action lawsuit. In its judgment, the trial court awarded, to the penny, the amount of damages which Life Forms claimed it was entitled to recover from Fresh Coat, and the trial court could not have granted any more relief to Life Forms than it did. This judgment clearly and finally disposed of all parties and all pending claims because Life Forms could recover no more than the amount awarded in the judgment, which was everything it sought. Moreover, the Texas Supreme Court has suggested that, in a case in which there is uncertainty about the trial court’s intent in signing a judgment, this court may abate the appeal to permit clarification by the trial court. The court does not do so in this case because, at the hearing on Fresh Coat’s “Motion for Entry of Appealable Judgment,” the trial court stated as follows: “I believe it was a final judgment. You are asking me about my belief. My belief was it was a final judgment.” Additionally, the trial court denied Fresh Coat’s motion “for lack of trial court jurisdiction.” Thus, the record indicates that the trial court clearly and unequivocally expressed its intent to dispose of all parties and pending claims in its March 7, 2003, judgment. Finally, as the Texas Supreme Court noted in Lehmann, “An express adjudication of all parties and claims in a case is not interlocutory merely because the record does not afford a legal basis for the adjudication. In those circumstances, the order must be appealed and reversed.” If Fresh Coat had any question as to the finality of the trial court’s judgment, it could have either requested that the trial court clarify its judgment while the court retained plenary power or perfected a timely appeal from the judgment. It did neither. Based on the language of the trial court’s March 7, 2003, judgment and the record presented, the court holds that, as of the date it was signed, the judgment was a final and appealable judgment disposing of all parties and pending claims. Accordingly, because Fresh Coat did not file its notice of appeal within 30 days of the date the judgment was signed, and did not seek an extension of its appellate deadlines, it has not timely perfected its appeal in this cause and has not properly invoked this court’s appellate jurisdiction. OPINION:Jennings, J.; Radack, C.J., Jennings and Higley, JJ.

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