Charles Weaver v. Fidencio Castellano ( 2008 )

i i i i i i
MEMORANDUM OPINION
No. 04-08-00810-CV
Charles WEAVER,
Appellant
v.
Fidencio CASTELLANO,
Appellee
From the County Court, Bandera County, Texas
Trial Court No. 08-0047
Honorable Richard A. Evans, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: December 17, 2008
DISMISSED FOR LACK OF JURISDICTION
Charles Weaver has filed a notice of appeal, stating that he intends to appeal from the
Bandera County Court’s order that set aside its previous order dismissing the cause for lack of
jurisdiction. Weaver states that he will argue on appeal that the Bandera County Court lacks subject
matter jurisdiction to hear the case below. However, because the order of the Bandera County Court
is not a final order, we have no jurisdiction to hear such an appeal.
04-08-00810-CV
A judgment or order is final for purposes of appeal if it actually disposes of all pending
parties and claims before the court. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
Here, the trial court’s order is interlocutory because it does not dispose of all parties and causes of
action. See Jordan v. Jordan, 907 S.W.2d 471, 472 (Tex. 1995) (explaining that court of appeals had
no jurisdiction over appeal because an order that sets aside a prior judgment but does not dispose of
the case on the merits is interlocutory and not appealable). Thus, it is not a final and appealable
order.
Further, interlocutory orders may be appealed only if a specific statute authorizes such an
interlocutory appeal. For example, section 51.014 of the Texas Civil Practice and Remedies Code
lists circumstances under which a person may appeal from an interlocutory order of a district court,
county court at law, or county court. See TEX . CIV . PRAC. & REM . CODE ANN . § 51.014 (Vernon
2008). We cannot, however, find any statutory authority that allows a party to appeal from the
Bandera County Court’s interlocutory order.
We, therefore, ordered appellant to show cause why this appeal should not be dismissed for
lack of jurisdiction. Appellant did not respond.
We dismiss this appeal for lack of jurisdiction. TEX . R. APP . P. 42.3(a).
PER CURIAM
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