Valley's Market Place, LLC v. Lupita Duran

NUMBER 13-18-00435-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
VALLEY’S MARKET PLACE, LLC, Appellant,
v.
LUPITA DURAN, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 4
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Longoria and Hinojosa
Memorandum Opinion by Justice Longoria
Appellant Valley’s Market Place, LLC attempted to perfect an appeal from orders
entered by the County Court at Law No. 4 of Hidalgo County, Texas on July 18, 2018 and
August 6, 2018. The orders at issue denied appellant’s motion to dismiss the underlying
case and denied appellant’s motion for reconsideration of that ruling. Appellant’s
amended notice of appeal asserts that these orders are final rulings, or, alternatively, are
appealable interlocutory orders. Appellant further asserts, in the alternative, that it will
file an original proceeding if these rulings cannot be attacked by appeal.
Generally, appeals may be taken only from final judgments. See City of Watauga
v. Gordon, 434 S.W.3d 586, 588 (Tex. 2014); Lehmann v. Har-Con Corp., 39 S.W.3d 191,
195 (Tex. 2001). Appellate courts have jurisdiction to consider appeals of interlocutory
orders only if a statute explicitly provides for such an appeal. Tex. A & M Univ. Sys. v.
Koseoglu, 233 S.W.3d 835, 840 (Tex. 2007); see City of Watauga, 434 S.W.3d at 588;
Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co.,
Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).
The Court, having considered the amended notice of appeal and the clerk’s record,
is of the opinion that the appeal should be dismissed for want of jurisdiction. The orders
at issue in this case are neither final judgments nor interlocutory appeals authorized by
statute. Accordingly, the appeal is dismissed for want of jurisdiction. See TEX. R. APP.
P. 42.3(a),(c). All pending motions or requests for relief, if any, are likewise dismissed
for want of jurisdiction.
NORA L. LONGORIA
Justice
Delivered and filed the
11th day of October, 2018.
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