Scott D. Levy & Associates P.C. and Scott D. Levy v. Corinthian Colleges, Inc. ( 2016 )

Opinion issued November 10, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00733-CV
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SCOTT D. LEVY & ASSOCIATES, P.C. AND SCOTT D. LEVY, Appellants
V.
CORINTHIAN COLLEGES, INC., Appellee
On Appeal from the 127th District Court
Harris County, Texas
Trial Court Case No. 2014-00570
MEMORANDUM OPINION
Appellants, Scott D. Levy & Associates, P.C. and Scott D. Levy, filed their
notice of appeal seeking review of the August 29, 2014 oral ruling made by the trial
court. See TEX. R. APP. P. 24.4(a). The trial court had ordered appellants to post a
$950,000.00 supersedeas bond within ten days to stay execution of the foreign
judgment while the underlying foreign case was on appeal in the U.S. Court of
Appeals for the Ninth Circuit. This ruling was memorialized in a written order
signed by the trial court on October 9, 2014, denying appellants’ motion to stay
suit/plea in abatement, which was filed as part of a supplemental clerk’s record in
this Court. See TEX. R. APP. P. 27.2, 27.3.
On June 26, 2015, this appeal was stayed pursuant to the notice of bankruptcy
filing by the appellee, Corinthian Colleges, Inc. See TEX. R. APP. P. 8.2; see also 11
U.S.C. § 362(a)(1) (West 2010). On August 23, 2016, the district clerk filed a second
supplemental clerk’s record in this Court, attaching the trial court’s order, signed on
June 21, 2016, dismissing the underlying lawsuit with prejudice based on the Ninth
Circuit’s June 9, 2016 reversal of the foreign judgment.
On August 30, 2016, because it appeared that this appeal may be moot, this
Court’s order and notice of intent to dismiss for want of jurisdiction reinstated this
appeal and notified appellant that this appeal was subject to dismissal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a), (c). Appellant failed to timely respond.
This Court generally has jurisdiction only over appeals from final judgments
unless a statute authorizes an interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE
ANN. §§ 51.012, 51.014(a)(1)–(12) (West Supp. 2016) (listing appealable
interlocutory orders); CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011)
(“Unless a statute authorizes an interlocutory appeal, appellate courts generally only
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have jurisdiction over appeals from final judgments.”). After the trial court’s June
21, 2016 order dismissed the underlying trial court case with prejudice, that rendered
this appeal moot and, thus, we lack jurisdiction over this appeal. See, e.g., Gen.
Land Office of State of Tex. v. OXY U.S.A., Inc., 789 S.W.2d 569, 571 (Tex. 1990)
(“As a consequence of the trial court’s granting the nonsuit, the temporary injunction
ceased to exist and the appeal became moot.”).
Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP.
P. 42.3(a); 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Huddle.
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