Christopher M. Olsen and Cathy A. Olsen v. Mortgage Electronic Registraton Systems (MERS) ( 2014 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
CHRISTOPHER M. OLSEN AND
CATHY A. OLSEN, §
No. 08-14-00258-CV
Appellants, §
Appeal from
v. §
126th District Court
MORTGAGE ELECTRONIC §
REGISTRATION SYSTEMS (MERS), of Travis County, Texas
§
Appellee. (TC # D-1-GN-13-003043)
§
MEMORANDUM OPINION
Pending before the Court is a motion filed by Appellee, Mortgage Electronic Registration
Systems (MERS), to dismiss the appeal for want of jurisdiction because the order being appeal is
not a final judgment or an appealable interlocutory order. We grant the motion and dismiss the
appeal.
Appellants filed notice of appeal from an order entered by the trial court on July 21, 2014
granting summary judgment in favor of MERS and MERS filed a motion to dismiss the appeal
for want of jurisdiction. The Third Court of Appeals transferred the appeal to this Court on
September 11, 2014 pursuant to a docket equalization order.
It is well settled that appellate courts have jurisdiction over final judgments, and such
interlocutory orders as the Legislature deems appealable by statute. Lehmann v. Har-Con
Corporation, 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App.--
El Paso 1997, no pet.); TEX.CIV.PRAC.&REM.CODE ANN. § 51.014 (West Supp. 2014)
(authorizing appeals from certain interlocutory orders). The order is not final because LPP
Mortgage’s counterclaim remains pending against Appellants. Further, there is no statutory
provision authorizing an appeal from this interlocutory order. Accordingly, we grant the motion
and dismiss the appeal for want of jurisdiction. See TEX.R.APP.P. 42.3(a).
September 18, 2014
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, J., and Barajas, C.J., (Senior Judge)
(Barajas, C.J., Senior Judge, sitting by assignment, not participating)
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