James Charles Smith v. Arthur J. Wood

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-09-00327-CV ____________________

JAMES CHARLES SMITH, Appellant

V.

ARTHUR J. WOOD, ET AL., Appellees

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On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV24,101

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MEMORANDUM OPINION

James Charles Smith filed a notice of appeal from the trial court's order denying Smith to intervene in a suit filed by Charles Ray Mason. ⁽¹⁾ Smith, an inmate confined in the Polunsky Unit, resides in the county of the suit. An order dismissing or striking a petition in intervention may not be appealed by the intervenor before rendition of a final judgment. Metromedia Long Distance, Inc. v. Hughes, 810 S.W.2d 494, 499 (Tex. App.--San Antonio 1991, writ denied). Smith has not identified a statute that authorizes an interlocutory appeal under these circumstances. Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered August 27, 2009

Before McKeithen, C.J., Kreger and Horton, JJ.

1. The trial court initially dismissed all claims by all parties. We affirmed the trial court's dismissal without prejudice of the intervention filed by Smith but reversed the dismissal with prejudice of Mason's claims and remanded the case to the trial court. See Mason v. Wood, 282 S.W.3d 189, 191 (Tex. App.--Beaumont Mar. 19, 2009, no pet.). Smith then filed another motion asking for leave to intervene. The trial court signed two somewhat contradictory orders in the same day. Because we lack jurisdiction over this appeal, we do not determine Smith's status as a party.