Rodney P. Hunt v. Vicky Stovall ( 2015 )

Opinion issued August 6, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00264-CV
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RODNEY P. HUNT, Appellant
V.
VICKY STOVALL, Appellee
On Appeal from the 129th Judicial District Court
Harris County, Texas
Trial Court Case No. 2010-68881
MEMORANDUM OPINION
Appellant, Rodney P. Hunt, attempts to appeal from two separate
interlocutory orders of the trial court denying his motions to dismiss and for a
declaratory finding and denying his motion to dismiss for want of prosecution.
Appellee, Vicky Stovall, has filed a motion to dismiss the appeal for want of
jurisdiction. We agree and grant the motion to dismiss the appeal.
Texas appellate courts only have jurisdiction to review final judgments, and
interlocutory orders as specified by statute. See TEX. CIV. PRAC. & REM. CODE
ANN. §§ 51.012, 51.014 (West Supp. 2015); Bison Bldg. Materials, Ltd. v.
Aldridge, 422 S.W.3d 582, 585 (Tex. 2012); Stary v. DeBord, 967 S.W.2d 352,
352–53 (Tex. 1998). The clerk’s record has not been filed and Hunt did not attach
the interlocutory orders. To the extent that the trial court’s orders denied Hunt’s
motions to dismiss and for a declaratory finding and his motion to dismiss for want
of prosecution, those orders are not final judgments and are not authorized as
appealable by statute. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 51.014(a)(1)–
(12); Stary, 967 S.W.2d at 352–53.
On March 26, 2015, the Clerk of this Court notified the parties that this
Court might dismiss this appeal for want of jurisdiction unless Hunt timely filed a
response demonstrating that this Court has jurisdiction over the appeal. See TEX.
R. APP. P. 42.3(a), 43.2(f). On April 24, 2015, Hunt did not file a timely response,
but instead filed another notice of appeal, which does not show how this Court has
jurisdiction over his appeal. On June 10, 2015, the appellee moved to dismiss this
appeal for want of jurisdiction.
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We grant appellee’s motion to dismiss the appeal for want of jurisdiction
and dismiss this appeal. See TEX. R. APP. P. 42.3(a); 43.2(f).
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Massengale.
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