Phillip G. "Baby Shark" Scott v. Aaron Seymour, Judge Daniel Mills, and Judge Andrew Leonie ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00379-CV
Phillip G. “Baby Shark” Scott, Appellant
v.
Aaron Seymour, Judge Daniel Mills, and Judge Andrew Leonie, Appellees
FROM THE 22ND DISTRICT COURT OF COMAL COUNTY
NO. CR2023-382, THE HONORABLE DANIEL H. MILLS, JUDGE PRESIDING
MEMORANDUM OPINION
After appellant Phillip G. “Baby Shark” Scott filed what he described as an
interlocutory appeal, this Court’s clerk sent Scott a letter asking for a response explaining the
basis for the Court’s jurisdiction over this appeal. The letter warned that, if Scott did not respond
within ten days with an adequate explanation of the basis on which this Court could exercise of
jurisdiction, this appeal could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3.
As a general rule, only final judgments are appealable, and interlocutory orders
are not. GJP, Inc. v. Ghosh, 251 S.W.3d 854, 867 (Tex. App.—Austin 2008, no pet.); see Texas
A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 841 (Tex. 2007). This Court has jurisdiction
over a limited number of interlocutory appeals in civil matters. See, e.g. Tex. Civ. Prac. & Rem.
Code § 51.014. A party in a criminal case may appeal only from judgments of conviction or
interlocutory orders authorized by statute. Mack v. State, 549 S.W.3d 746, 747 (Tex. App.—
Waco 2017, pet. ref’d); see also Tex. Code Crim. Proc. art. 44.02; Tex. R. App. P. 25.2. Scott
complains of actions by a lawyer he says is representing him in a separate case but not this one
and asserts that the trial judge must recuse himself, but has not demonstrated that the trial court
has taken any action or made any order that gives us jurisdiction over an interlocutory appeal.
More than ten days have passed since this Court asked Scott to explain the basis
for this Court to exercise jurisdiction over any issue he raised in this interlocutory appeal. We
find no basis on which to exercise jurisdiction over this appeal.
We dismiss this appeal. See Tex. R. App. P. 42.3(a).
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Triana and Theofanis
Dismissed for Want of Jurisdiction
Filed: July 26, 2023
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