Felicia Jones v. Louis Vuitton Houston Galleria ( 2014 )


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  • Opinion issued June 10, 2014
    In The
    Court of Appeals
    For The
    First District of Texas
    ————————————
    NO. 01-14-00403-CV
    ———————————
    FELICIA NICOLE JONES, Appellant
    V.
    LOUIS VUITTON HOUSTON GALLERIA, ET AL, Appellees
    On Appeal from the 412th District Court
    Brazoria County, Texas
    Trial Court Case No. 75486-CV
    MEMORANDUM OPINION
    Appellee, Mercedes Benz of Houston Greenway, filed a motion seeking the
    dismissal of Appellant Felicia Jones’ appeal for want of jurisdiction.
    On March 6, 2014, Mercedes Benz filed a Motion to Dismiss in trial court
    pursuant to Rule 91(a). See TEX. R. CIV. P. 91(a). The Brazoria County Court held
    a hearing on the motion and granted an interlocutory judgment dismissing
    appellant’s claims against Mercedes Benz. Appellant brings this appeal from the
    interlocutory judgment dismissing claims against Mercedes Benz. The original
    trial court suit is still pending against other named parties.
    Texas appellate courts only have jurisdiction to review final judgments, and
    interlocutory orders are only appealable if specified by statute. See Bison Bldg.
    Materials, Ltd. v. Aldridge, 
    422 S.W.3d 582
    , 585 (Tex. 2012); Stary v. DeBord,
    
    967 S.W.2d 352
    , 352-353 (Tex. 1998). An order that disposes of claims against
    one or some of the defendants in a suit does not render a judgment final. See
    Lehmann v. Har-Con Corp., 
    39 S.W.3d 191
    , 205 (Tex. 2001).
    The order appealed from here is not a final judgment because the suit is still
    pending in Brazoria County and only Mercedes Benz has been dismissed as
    defendant. The appellant has failed to point to any statutory authority that would
    allow for an interlocutory appeal. We dismiss the appeal for lack of jurisdiction.
    See TEX. R. APP. P. 42.3(a). We dismiss all pending motions as moot.
    PER CURIAM
    Panel consists of Chief Justice Radack and Justices Higley and Brown.
    2
    

Document Info

Docket Number: 01-14-00403-CV

Filed Date: 6/10/2014

Precedential Status: Precedential

Modified Date: 10/16/2015