Amy Chang, CPA v. Yong Lin and Wife, Xuefang Yang ( 2016 )


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  • Dismissed and Memorandum Opinion filed December 13, 2016.
    In The
    Fourteenth Court of Appeals
    NO. 14-16-00805-CV
    AMY CHANG, CPA, Appellant
    V.
    YONG LIN AND WIFE, XUEFANG YANG, Appellees
    On Appeal from the 295th District Court
    Harris County, Texas
    Trial Court Cause No. 2016-15422A
    MEMORANDUM                     OPINION
    Appellant filed a notice of appeal from an interlocutory order denying
    appellant’s motion to dismiss filed pursuant to Texas Rule of Civil Procedure 91a.
    Rule 91a allows a party to move to dismiss a cause of action on the ground that it
    has no basis in law or in fact. See Wooley v. Schaffer, 
    447 S.W.3d 71
    , 74 (Tex.
    App.—Houston [14th Dist.] 2014, pet. filed). An order denying a motion to
    dismiss is an interlocutory order. Appellate courts have jurisdiction to consider
    immediate appeals of interlocutory orders only if a statute explicitly provides
    appellate jurisdiction. Stary v. DeBord, 
    967 S.W.2d 352
    , 352–53 (Tex. 1998). The
    substance of the Rule 91a motion does not challenge the trial court’s subject-matter
    jurisdiction and therefore there is no arguable basis for an interlocutory appeal
    under section 51.014(a)(8) of the Texas Civil Practice and Remedies Code.
    Because there is no statutory authorization, an interlocutory appeal is not permitted
    in this situation. S. Cent. Houston Action v. Stewart, 14-15-00088-CV, 
    2015 WL 1508699
    , at *1 (Tex. App.—Houston [14th Dist.] Mar. 31, 2015, no pet.) (holding
    that appellate court has no jurisdiction over the denial of a motion to dismiss under
    Rule 91a). On November 14, 2016, the court notified the parties that the appeal
    would be dismissed for want of jurisdiction unless any party filed a response on or
    before November 28, 2016, demonstrating this court’s jurisdiction over the appeal.
    No response was filed.
    The appeal is ordered dismissed.
    PER CURIAM
    Panel consists of Chief Justice Frost and Justices McCally and Brown.
    2
    

Document Info

Docket Number: 14-16-00805-CV

Filed Date: 12/13/2016

Precedential Status: Precedential

Modified Date: 12/13/2016