El Paso Central Appraisal District v. Placitas De Zaragosa Group, LLC N/K/A Placitas De Zaragosa Group Association ( 2015 )


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  •                                     COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    EL PASO CENTRAL APPRAISAL                                            No. 08-15-00164-CV
    DISTRICT,                                         §
    Appeal from the
    Appellant,         §
    327th District Court
    V.                                                §
    of El Paso County, Texas
    PLACITAS DE ZARAGOSA GROUP,                       §
    LLC N/K/A PLACITAS DE                                                (TC# 2014DTX0839)
    ZARAGOSA GROUP ASSOCIATION,                       §
    Appellee.         §
    MEMORANDUM OPINION
    This appeal is before the Court on its own motion for determination of whether it should
    be dismissed for want of jurisdiction. Finding that the trial court’s order partially granting
    Appellee’s motion for traditional summary judgment is not a final judgment or appealable order,
    we dismiss the appeal for lack of jurisdiction.
    It is well settled that appellate courts have jurisdiction over final judgments and
    interlocutory orders made appealable by statute. Lehmann v. Har-Con Corporation, 
    39 S.W.3d 191
    , 195 (Tex. 2001); TEX.CIV.PRAC.&REM.CODE ANN. § 51.014 (West 2015)(authorizing
    appeals from certain interlocutory orders). A final judgment is one that disposes of all pending
    parties and claims. See Lehmann, 39 S.W.3d at 195. The Property Tax Code permits a party to
    appeal a final judgment of the district court as provided by law for appeal of civil suits generally.
    See TEX.TAX CODE ANN. § 42.28 (West 2015). The El Paso Central Appraisal District is
    attempting to appeal an order which partially grants the Appellee’s motion for summary
    judgment. The order does not purport to be a final judgment.
    The Clerk of the Court advised the El Paso Central Appraisal District by letter that the
    clerk’s record does not contain a final judgment or appealable order. The letter further advised
    the El Paso Central Appraisal District that the Court intended to dismiss the appeal for want of
    jurisdiction unless it responded within ten days and showed grounds for continuing the appeal.
    No response has been filed. We therefore dismiss the appeal for want of jurisdiction.
    July 8, 2015
    YVONNE T. RODRIGUEZ, Justice
    Before McClure, C.J., Rodriguez, and Hughes, JJ.
    -2-
    

Document Info

Docket Number: 08-15-00164-CV

Filed Date: 7/9/2015

Precedential Status: Precedential

Modified Date: 7/10/2015