Glen Gilmore v. Aldine Independent School District ( 2013 )

Opinion issued June 11, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-01179-CV
____________
GLEN GILMORE, Appellant
V.
ALDINE INDEPENDENT SCHOOL DISTRICT, Appellee
On Appeal from the 151st District Court
Harris County, Texas
Trial Court Cause No. 2011-52866
MEMORANDUM OPINION
Appellant Glen Gilmore, defendant-intervenor in the underlying trial court
cause, filed a notice of appeal to the 151st District Court of Harris County from an
order signed in the tax court, but the appeal was instead assigned to this Court.
Appellant has filed a “Motion to Remand to Trial Court for Lack of Final
Appealable Order” because there is no final judgment disposing of appellant’s
claims in the court below. The record that was filed in this appeal shows that the
plaintiff, Aldine Independent School District, along with various intervening taxing
units, filed a non-suit. However, the record does not contain a signed order granting
the non-suit, nor does it contain any order finally disposing of the appellant’s claims
in intervention.
Generally, appeals may be taken only from final judgments. Lehmann v.
Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). We have no jurisdiction to hear
an appeal from a judgment that is not final, unless there is specific statutory
authority permitting an appeal before final judgment. See Stary v. DeBord, 967
S.W.2d 352, 352–53 (Tex. 1998); Iacono v. Lyons, 6 S.W.3d 715, 716–17 (Tex.
App.—Houston [1st Dist.] 1999, no pet.). Here, the record reflects that no final
judgment has been entered by the trial court in this case.
On May 17, 2013, the Court notified the parties of its intent to dismiss the
appeal for want of jurisdiction unless appellant filed a response demonstrating this
court’s jurisdiction on or before May 28, 2013. See TEX. R. APP. P. 42.3(a).
Appellant has not filed a response.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 42.3(a), 43.2(f).
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We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justice Keyes, Higley, and Bland.
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