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Espeche v. Ritzell

An order or judgment is not final for purposes of appeal unless it actually disposes of every pending claim and party or unless it clearly and unequivocally states that it finally disposes of all claims and all parties.

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DISMISSED AND OPINION FILED NOVEMBER 21, 2001.

OPINION

Maureen Espeche (Espeche) and William Ritzell (Ritzell) were divorced on June 19, 1984. Espeche appeals from an adverse summary judgment on her breach of contract claim brought against Ritzell in 1998. In three points of error, Espeche contends the trial court erred in (1) rendering final summary judgment in favor of Ritzell, based upon his sole affirmative defense of res judicata; (2) granting summary judgment because the judgment failed to address all of Espeche’s claims; and (3) granting summary judgment because disputed fact issues should have been submitted to the jury. We dismiss this appeal.

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