The “Lehmann problem” – the question of when a judgment is truly final (and thus starts the appeal deadline) is a perennial challenge in Texas cases involving multiple parties and issues. The problem has drawn particular attention recently in recent months in family-law cases, where judges often prepare a letter or memo summarizing key rulings. Reversing a Dallas case that found such an instrument to be a final judgment, the Texas Supreme Court held: “[A]n order lacking the unmistakable language of finality—that it resolves all claims between and among all parties and is final and appealable—is ambiguous in a suit under the Family Code when the order does not comport with the statute governing final orders and is otherwise inconclusive as to its intent. If a judicial decree’s finality is ambiguous, a reviewing court should examine the record to determine the trial court’s intent.” In the Interest of R.R.K., No. 18-0273 (Dec. 13, 2019). The opinion also reviews the general contours of the test for judgment finality in Texas.
