Opinion
04-21-00189-CV
08-04-2021
B&E TRUCKING, LLC, Appellants v. Jackline ROLLINS, Appellee
From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-16578 Honorable Cathleen M. Stryker, Judge Presiding
Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice
MEMORANDUM OPINION
PER CURIAM
DISMISSED FOR LACK OF JURISDICTION
On May 11, 2021, appellant Bill Trevino Hall filed a restricted appeal seeking to appeal "due to no service of citation to him and a resulting judgment taken against Bill Trevino Hall's business, B &E Trucking Co." The clerk's record includes a final judgment which grants appellee Jackline Rollin's default judgment against appellant B&E Trucking, LLC.
Generally, a restricted appeal is available only to parties of record, so that non-parties who have not properly intervened in the trial court lack standing to pursue an appeal of the trial court's judgment. Gator Licensing, LLC v. Mack, No. 04-10-00610-CV, 2011 WL 3502013, at *2 (Tex. App.-San Antonio Aug. 10, 2011, no pet.) (mem. op.). Here, appellant Bill Trevino Hall was not a party of record in the trial court. Therefore, this court ordered appellant Bill Trevino Hall to show cause in writing why his appeal should not be dismissed for lack of jurisdiction for lack of standing. Appellant Bill Trevino Hall did not respond. Accordingly, Bill Trevino Hall's appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a). Appellant B&E Trucking LLC's appeal against appellee Jackline Rollins is retained on this court's docket.