Martinez v. Humble Sand & Gravel, Inc

In Martinez v. Humble Sand & Gravel, Inc., 875 S.W.2d 311 (Tex. 1994) (per curiam) the Court held that the inclusion of a Mother Hubbard clause in an order did not necessarily make it final. There, some but not all of the defendants moved for summary judgment, and the trial court granted the motions, dismissing the plaintiff's cause of action against "those Defendants", but also ordering that summary judgment was proper "as to all remaining Defendants", thereby suggesting that the court intended to render a final summary judgment. Id. at 313. However, the trial court subsequently severed the summary judgment by order inviting other defendants to move on the same grounds. Id. Although this order contained a Mother Hubbard clause, we held that judgment had not been rendered for the non-moving defendants. Id.