teague-nursing-home-teague-management-co-dba-teague-nursing-home-chelsia ( 2005 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00137-CV

No. 10-05-00138-CV

Teague Nursing Home, et al.

                                                                      Appellants

 v.

Leroy Wilson, ET AL.

                                                                      Appellees

From the 220th District Court

Bosque County, Texas

Trial Court Nos. 03-08-23403-BCCV and 03-08-23503-BCCV

MEMORANDUM  Opinion

          The trial court granted Appellees’ motion for a joint trial of their respective lawsuits under Rule of Civil Procedure 174(a).  Appellants filed an interlocutory appeal purportedly under section 15.003(b) of the Civil Practice and Remedies Code.  Because the interlocutory appeal provided by section 15.003 applies only to orders in multiple plaintiff cases in which the trial court determines that a plaintiff has or has not independently established proper venue and because no other statute authorizes an interlocutory appeal of an order under Rule 174(a), we will dismiss these appeals.

          The Clerk of this Court notified Appellants that their appeals were subject to dismissal and would be dismissed for want of jurisdiction if a response showing grounds for continuing the appeals was not filed within 10 days.  Appellants’ response cites section 15.003 as a basis for this Court to exercise jurisdiction.  Tex. Civ. Prac. & Rem. Code Ann. § 15.003 (Vernon Supp. 2004–2005).

          However, section 15.003 provides for an interlocutory appeal when a defendant contends there has been an improper joinder in a single lawsuit of plaintiffs who cannot independently establish proper venue.  Id. § 15.003.  Here, the trial court granted a motion to consolidate two separate lawsuits.  See Tex. R. Civ. P. 174(a).  No interlocutory appeal lies from a court’s consolidation order.  See In re Van Waters & Rogers, Inc., 145 S.W.3d 203, 210-11 (Tex. 2004) (per curiam) (granting mandamus relief from improper consolidation order).

          Appellants have not stated a valid basis for this Court to exercise appellate jurisdiction.

Accordingly, the appeals are dismissed.  See Tex. R. App. P. 42.3(a).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray concurring with a note: “Having improperly severed these two appeals from the Co-Defendant who has filed for bankruptcy, we may as well go ahead and dismiss their appeals too.”)

Appeals dismissed

Opinion delivered and filed June 22, 2005

[CV06]