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Burgess v. 84 Fina. L.P.

Court of Appeals of Texas, Fifth District, Dallas
May 17, 2011
No. 05-11-00272-CV (Tex. App. May. 17, 2011)

Opinion

No. 05-11-00272-CV

Opinion issued May 17, 2011.

On Appeal from the County Court at Law No. 3, Dallas County, Texas, Trial Court Cause No. CC-10-02543-C.

Before Chief Justice WRIGHT and Justices O'NEILL and LANG-MIERS.


MEMORANDUM OPINION


Before the Court is appellee's motion to dismiss this appeal. Appellee contends this Court lacks jurisdiction over the interlocutory order appellants attempt to appeal. Appellants did not file a response to the motion to dismiss.

Our jurisdiction over appeals is established exclusively by constitutional and statutory enactments. Beckham Grp., P.C. v. Snyder, 315 S.W.3d 244, 245 (Tex. App.-Dallas 2010, no pet.). Absent a timely filed notice of appeal from a final judgment or authorized interlocutory order, we do not have jurisdiction over an appeal. See Tex. R. App. P. 25.1(b); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).

In their notice of appeal, appellants state that they are appealing the trial court's March 9, 2011 order denying their motion to abate an emergency hearing. Attached as an exhibit to their notice of appeal is a copy of section 51.014 of the civil practice and remedies code. See Tex. Civ. Prac. Rem. Code Ann. § 51.014 (West 2008). Section 51.014 does not provide for an appeal of the interlocutory order appellants seek to appeal. Id.

Because appellants are not appealing from a final judgment nor an authorized interlocutory order, we lack jurisdiction over this appeal. Accordingly, we grant appellee's motion and dismiss this appeal. See Tex. R. App. P. 42.3(a).


Summaries of

Burgess v. 84 Fina. L.P.

Court of Appeals of Texas, Fifth District, Dallas
May 17, 2011
No. 05-11-00272-CV (Tex. App. May. 17, 2011)
Case details for

Burgess v. 84 Fina. L.P.

Case Details

Full title:LONNIE BURGESS, ET AL., Appellants v. 84 FINANCIAL L.P., FORMERLY KNOWN AS…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: May 17, 2011

Citations

No. 05-11-00272-CV (Tex. App. May. 17, 2011)