Christina De La Torre v. AAG Properties, Inc. ( 2015 )


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  • Dismissed and Memorandum Opinion filed December 3, 2015.
    In The
    Fourteenth Court of Appeals
    NO. 14-15-00856-CV
    CHRISTINA DE LA TORRE, Appellant
    V.
    AAG PROPERTIES, INC., Appellee
    On Appeal from the 125th District Court
    Harris County, Texas
    Trial Court Cause No. 2014-05829
    MEMORANDUM                     OPINION
    This is an attempted appeal from the denial of a motion for summary
    judgment. Absent certain exceptions that do not apply here, an appellate court does
    not have jurisdiction to hear denied motions for summary judgment on appeal.
    Ackermann v. Vordenbaum, 
    403 S.W.2d 362
    , 365 (Tex.1966); William Marsh Rice
    Univ. v. Coleman, 
    291 S.W.3d 43
    , 45 (Tex. App.—Houston [14th Dist.] 2009, pet.
    dism’d).
    On November 18, 2015, notification was transmitted to the parties of this
    court’s intention to dismiss the appeal for want of jurisdiction unless appellant
    filed a response demonstrating grounds for continuing the appeal on or before
    November 30, 2015. See Tex. R. App. P. 42.3(a). On November 19, 2015 appellant
    filed a response asking this court to consolidate this appeal with a petition for
    permissive appeal challenging the same order. Appellant’s response alleges that the
    notice of appeal in this cause number was inadvertently filed. Appellant’s response
    fails to demonstrate that this court has jurisdiction over this appeal. The court will
    consider the record filed in this interlocutory appeal when reviewing appellant’s
    petition for permissive appeal.
    Accordingly, appellant’s motion to consolidate is denied and the appeal is
    ordered dismissed.
    PER CURIAM
    Panel consists of Justices Boyce, Busby, and Brown.
    2
    

Document Info

Docket Number: 14-15-00856-CV

Filed Date: 12/3/2015

Precedential Status: Precedential

Modified Date: 9/30/2016