Opinion
NO. 02-15-00366-CV
01-28-2016
CHERIE ALLEN APPELLANT v. CITY OF FORT WORTH AND APPELLEES TARRANT COUNTY DISTRICT CLERK'S OFFICE
FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 236-282171-15 MEMORANDUM OPINION
Appellant Cherie Allen filed a notice of appeal from the trial court's order of abatement and transfer. Because it appeared that the order was not a final order disposing of all claims and parties in the suit, we notified Allen that we would dismiss her appeal if she did not file a response showing grounds to continue the appeal. See Tex. R. App. P. 42.3(a), 44.3. Allen did not respond to our notification. Appellee City of Fort Worth later filed a motion to dismiss Allen's appeal, and Allen responded to the motion.
A party may not appeal an interlocutory order unless authorized by statute. See De Ayala v. Mackie, 193 S.W.3d 575, 578 (Tex. 2006); Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). The order Allen attempts to appeal is not an interlocutory order over which the legislature has given us immediate jurisdiction. See, e.g., In re D.M.M., No. 14-14-00902-CV, 2014 WL 6679615, at *1 (Tex. App.—Houston [14th Dist.] Nov. 25, 2014, no pet.) (dismissing appeal from trial court's order transferring case from one trial court to another). Therefore, we grant Fort Worth's motion to dismiss and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); De Ayala, 193 S.W.3d at 578-79.
/s/ Lee Gabriel
LEE GABRIEL
JUSTICE PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ. DELIVERED: January 28, 2016
See Tex. R. App. P. 47.4.