Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00581-CV
Claudia CHAVEZ,
Appellant
v.
ALLIED TRUST INSURANCE COMPANY and Zach Socia,
Appellees
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2024-CI-06083
Honorable John D. Gabriel Jr., Judge Presiding
Opinion by: Velia J. Meza, Justice
Sitting: Rebeca C. Martinez, Chief Justice
Lori Massey Brissette, Justice
Velia J. Meza, Justice
Delivered and Filed: July 29, 2026
DISMISSED FOR LACK OF JURISDICTION
This is an appeal from an order granting a motion for summary judgment. Because we
conclude the order is not final or otherwise appealable, we dismiss this appeal for lack of
jurisdiction.
04-25-00581-CV
BACKGROUND 1
In March 2023, Appellant Claudia Chavez’s property was damaged by a wind and
hailstorm. Chavez filed an insurance claim with her insurer, Allied Trust Company. Allied Trust
dispatched Zach Socia, an independent third-party adjuster, to investigate the claim. After the
inspection, Allied Trust estimated the cost of repairs to be $10,790.79, with net payments of $5,761
after accounting for Chavez’s deductible.
On July 28, 2023, Chavez finalized the repairs to her property, which came out to a total
of $32,718.29. On August 16, 2023, Allied Trust advised that the replacement cost value of the
repairs was $10,986.94 and, after accounting for the prior payment, issued a payment of $2,515.32.
On January 17, 2024, Chavez sent a demand letter asking for $27,721.67, which Allied Trust
responded to by appointing another appraiser. Chavez filed suit against Allied Trust Company and
Zach Socia on March 20, 2024, and pled breach of contract, deceptive trade practices, prompt
payment violations and common-law bad faith. Allied Trust filed a motion to dismiss Socia as a
defendant, which the trial court never ruled on. After the appraisal was completed, Allied Trust
determined it had overpaid Chavez by $2,556.42.
On August 23, 2024, Allied Trust filed a counterclaim seeking return of the overpayment
amount. Allied Trust then moved for summary judgment on Chavez’s claims based on the
independent appraisals that zeroed out the insurance claim. Chavez filed a motion to set aside the
appraisal. Both were consolidated for hearing on November 20, 2024.
A month after the hearing, counsel for both parties received an email from the trial court
stating an intention to grant Allied Trust’s motion. Chavez filed a notice of appeal, which was
1
This litigation has not proceeded to a final judgment and thus our recitation here comes from the pleadings and is intended only to give background on the parties and claims at issue. Given our disposition of this appeal, we express no opinion on the merits of any issue other than appellate jurisdiction.
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dismissed due to a lack of final judgment. Chavez v. Allied Tr. Ins. Co., No. 04-25-00038-CV,
2025 WL 2331488 (Tex. App.—San Antonio Aug. 13, 2025, no pet.) (mem. op.). On August 15,
2025, the trial court signed an order granting Allied Trust’s motion, from which Chavez now
appeals.
DISCUSSION
Before we may address Chavez’s appellate arguments, we must consider Allied Trust’s
motion to dismiss based on our lack of appellate jurisdiction. In its motion, Allied Trust argues
that Chavez’s claims against Zach Socia remain unresolved and thus there is no final, appealable
judgment.
A court may not address the merits of a claim if it lacks jurisdiction to do so. State v.
$92,235.00 in U.S. Currency, 390 S.W.3d 289, 291–92 (Tex. 2013). The record must establish the
appellate court’s jurisdiction, otherwise the appeal must be dismissed. TEX. R. APP. P. 42.3. “Texas
appellate courts have jurisdiction only over final orders or judgments unless a statute permits an
interlocutory appeal.” Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007). A judgment
that is not rendered after a conventional trial on the merits is final “if and only if either [1] it
actually disposes of all claims and parties then before the court, regardless of its language, or [2]
it states with unmistakable clarity that it is a final judgment as to all claims and all parties.”
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192–93 (Tex. 2001).
The orders being appealed from (1) grant Allied Trust’s motion for summary judgment, (2)
deny Chavez’s motions to set aside the appraisal award, and (3) deny Chavez’s objections to
summary judgment evidence. These orders have the cumulative effect of granting a take-nothing
judgment as to Chavez’s claims against Allied Trust. Remaining, however, are Chavez’s claims
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against Zach Socia and Allied Trust’s counterclaim for overpayment against Chavez. The order
lacks any language indicating finality or appealability.
We conclude there is no final judgment in this cause. See Lehmann, 39 S.W.3d at 192–93.
Therefore, we dismiss this appeal for lack of jurisdiction.
Velia J. Meza, Justice
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