Bernardo L. Gonzalez v. Momentum Design and Construction, Inc.

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
BERNARDO L. GONZALEZ, § No. 08-19-00004-CV
Appellant, § Appeal from the
v. § 346th District Court
MOMENTUM DESIGN AND § of El Paso County, Texas
CONSTRUCTION, INC.,
§ (TC# 2018DCV3826)
Appellee.
§
ORDER
Pending before the Court is Appellee’s motion to dismiss the appeal for lack of
jurisdiction. After reviewing Appellee’s motion and Appellant’s response, we agree with
Appellant that while Section 150.002(f) of the Civil Practice and Remedies Code authorizes an
interlocutory appeal from the order granting Appellee’s motion to dismiss, an interlocutory
appeal is neither mandatory nor the exclusive means of appeal. Consequently, Appellant did not
waive his right to appeal by waiting until the interlocutory order became final when the trial
court signed the severance order. Appellee’s motion to dismiss the appeal is DENIED.
IT IS SO ORDERED this 24th day of January, 2019.
PER CURIAM
Before McClure, C.J., Rodriguez and Palafox, JJ.