Fuller v. Moya – Case Brief Summary (Texas)

In Fuller v. Moya, No. 10-09-00294-CV, 2009 WL 4852425 (Tex.App.--Waco Dec. 16, 2009, no pet.), the plaintiff sued TDCJ and several of its employees.

Two of the employees filed a motion to dismiss. The trial court granted the motion "and dismissed Plaintiff's 'cause of action' as frivolous 'with prejudice as to all claims.'" Id. (quoting the trial court's order).

After this order was entered, other defendants were served and the plaintiff continued to litigate his claims against them.

Despite the seemingly conclusive language in the order, the appellate court held that it was not a final judgment. See id.