Miguel A. Gonzalez v. Michael J. Magana ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00005-CV
Miguel A. Gonzalez, Appellant
v.
Michael J. Magana, Appellee
FROM COUNTY COURT AT LAW NO. 3 OF BELL COUNTY
NO. 73, 600, HONORABLE RICK MORRIS, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Miguel A. Gonzalez filed a notice of appeal seeking to appeal the
trial court’s order granting summary judgment in favor of the appellee Michael J. Magana. However,
based on information provided by Gonzalez in subsequent correspondence to this Court, it appears
that the trial court granted only a partial summary judgment.
The jurisdiction of this Court is limited to the review of final judgments and
certain interlocutory orders. See Tex. Civ. Prac. & Rem. Code §§ 51.012, .014; Lehmann v. Har-
Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Accordingly, the clerk of this Court notified Gonzalez
by letter that his notice of appeal may have been filed prematurely. See Hood v. Amarillo Nat’l
Bank, 815 S.W.2d 545, 547 (Tex. 1991) (summary judgment that does not dispose of all parties
and issues in pending suit is interlocutory and not appealable unless severance ordered). The clerk
requested that Gonzalez respond in writing to explain why this Court has jurisdiction over his appeal.
In addition, the clerk informed Gonzalez that his appeal would be subject to dismissal if he did not
respond by March 24, 2014. To date, Gonzalez has not responded to the Court’s inquiry. Moreover,
we have not been provided with a clerk’s record containing a final judgment. Therefore, we dismiss
this appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a).
__________________________________________
Scott K. Field, Justice
Before Justices Puryear, Goodwin, and Field
Dismissed for Want of Jurisdiction
Filed: June 6, 2014
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