John Wieder v. Willie Mae Elmore, in Her Capacity as Trustee of the Board of Trustees of the Port Arthur Independent School District ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-402 CV ____________________

JOHN WIEDER, Appellant

V.

WILLIE MAE ELMORE, IN HER CAPACITY AS TRUSTEE OF THE BOARD OF TRUSTEES OF THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, Appellee

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On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. D-172673

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MEMORANDUM OPINION

Willie Mae Elmore and the Port Arthur Independent School District filed a motion to dismiss the appeal of John Wieder. ⁽¹⁾ The appellant filed a response but failed to identify any authority in support of appellate jurisdiction.

The notice of appeal seeks to appeal an "Order Granting Defendant's Motion for Substitution of Counsel." The trial court has not signed its final judgment on the case. No appealable order has been signed by the trial court. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered November 17, 2005

Before Gaultney, Kreger and Horton, JJ.

1. Willie Mae Elmore is the sole opposing party identified in the style of the trial court's order. Elmore is the past President and a current Trustee of the Board of Trustees of the Port Arthur Independent School District. Julie Samuels is currently the Board's President. When a public officer is a party in an official capacity to an appeal, and if the person ceases to hold office during the appeal, the public officer's successor is automatically substituted as the party if appropriate. Tex. R. App. P. 7.2.