Case Summary

Debnam v. Watts Pool Service — Appeal dismissed for lack of jurisdiction due to trial court’s failure to expressly address attorney’s fees request

By /
Case
Stacy Debnam and Dr. Matt Debnam v. Watts Pool Service, Inc.
Court
Court of Appeals for the First District of Texas
Date Decided
July 7, 2026
Docket No.
01-26-00176-CV
Topics
Appellate Jurisdiction, Summary Judgment, Attorney’s Fees, Declaratory Judgments

Background

Appellants Stacy Debnam and Dr. Matt Debnam filed a Fourth Amended Petition against Watts Pool Service, Inc., asserting claims for breach of contract, violations of the Texas Deceptive Trade Practices Act (DTPA), breach of express and implied warranties, negligence, gross negligence, negligent hiring, private nuisance, intentional infliction of emotional distress, fraud, destruction of property, and a claim under the Texas Uniform Declaratory Judgments Act. The petition sought attorney’s fees, interest, and costs under Texas Civil Practice and Remedies Code section 37.009.

The trial court issued two summary judgment orders. On September 2, 2025, it granted summary judgment on certain claims but denied summary judgment on others. On December 8, 2025, the trial court granted summary judgment on breach of contract, DTPA violations, breach of warranties, private nuisance, and fraud, ordering that appellants “shall recover nothing” from the appellee. However, neither order expressly addressed appellants’ request for attorney’s fees under the Uniform Declaratory Judgments Act.

The Court’s Holding

The Court of Appeals dismissed the appeal for want of jurisdiction because the trial court’s judgment was not final. Under Texas law, a judgment issued without a conventional trial is final for appellate purposes only if it either disposes of all claims and parties before the court or expressly states it is a final judgment as to all claims and parties.

The appellate court held that the trial court’s failure to expressly address the discretionary attorney’s fees request under the Uniform Declaratory Judgments Act rendered the judgment non-final and non-appealable. Citing Sealy Emergency Room, L.L.C. v. Free Standing Emergency Room Managers of America, L.L.C., the court noted that Texas law requires trial courts to expressly dispose of attorney’s fees requests under discretionary fee-shifting statutes that do not require the requesting party to prevail. The appellants’ written response to the court’s notification regarding jurisdictional deficiency failed to establish jurisdiction.

Key Takeaways

  • A judgment is not final for appellate purposes unless the trial court expressly addresses all outstanding claims, including discretionary fee-shifting requests.
  • Trial courts must explicitly dispose of attorney’s fees requests under the Texas Uniform Declaratory Judgments Act, even if those requests are not independently challenged.
  • An appeal cannot proceed without a final judgment, and jurisdictional defects cannot be cured by the appellants’ response if it fails to establish the court’s authority to hear the case.

Why It Matters

This decision reinforces an important procedural requirement for trial courts: they must expressly rule on all pending claims and requests for relief, not merely the substantive claims on which summary judgment is sought. Failure to do so leaves the judgment incomplete and prevents appellate review, potentially leaving parties without a final, appealable judgment even after the trial court has resolved the underlying disputes.

For practitioners, this ruling underscores the importance of ensuring that trial court orders explicitly address every claim and request for relief, including attorney’s fees requests. The requirement to expressly dispose of discretionary fee-shifting statutes applies even when such requests are not the subject of a summary judgment motion, making it critical to raise these issues clearly and ensure they receive explicit treatment in the trial court’s final order.

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