Mafrige v. Ross

In Mafrige v. Ross 866 S.W.2d 590 (Tex. 1993), two plaintiffs sued some twelve defendants for malicious prosecution, slander, libel, conspiracy, and negligence. No party other than the plaintiffs asserted any claims. The defendants, some individually and some in groups, filed a total of eight summary judgment motions, some directed against one of the plaintiffs and some against both. The Court held that a summary judgment is final if it contains language purporting to dispose of all claims and parties. In Mafrige, the Court held that a partial summary judgment is treated as final for appeal purposes when the order contains a Mother Hubbard clause stating that "all relief not expressly granted is denied" or other language "purporting to dispose of all claims or parties." 866 S.W.2d at 590 & n.1, 592. The Court further clarified that "other" finality language includes "a statement that the summary judgment is granted as to all claims asserted by the plaintiff, or a statement that the plaintiff takes nothing against defendant." Mafrige, 866 S.W.2d at 590 n.1.; The Court recognized this earlier statement in Teer, but rejected it and held that finality language could render a partial summary judgment final for purposes of appeal. 866 S.W.2d 590 at 592.