Opinion
No. 10-17-00198-CV
09-06-2017
LOWELL QUINCY GREEN, Appellant v. LORIE DAVIS AND DAVID GUTIERREZ, Appellees
From the McLennan County, Texas
Trial Court No.
MEMORANDUM OPINION
On June 12, 2017, Lowell Quincy Green filed in this Court an original petition: (1) asserting false-imprisonment claims against Lorie Davis, Director of the Texas Department of Corrections, and David Gutierrez, Chairperson of the Texas Board of Pardons and Paroles Division; and (2) seeking to quash the indictment that was the basis for his underlying conviction. On July 18, 2017, we notified Green of our concern that we lack jurisdiction over this appeal because it appears that there is no final judgment or appealable order in this case. We requested a response from Green showing grounds for continuing the appeal. Green responded by filing a lengthy brief that fails to direct us to a final, appealable order in this case.
Only final decisions of a trial court are appealable. Gregory v. Foster, 35 S.W.3d 255, 257 (Tex. App.—Texarkana 2000, no pet.) (citing N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966)). Indeed, the Texas Supreme Court has held that an appeal may be taken only from a final judgment and certain interlocutory orders identified by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Macon v. Tex. Dep't of Criminal Justice-Inst. Div., No. 10-10-00150-CV, 2012 Tex. App. LEXIS 4207, at **2-3 (Tex. App.—Waco May 23, 2012, no pet.) (mem. op.) ("Unless an interlocutory appeal is expressly authorized by statute, we only have jurisdiction over an appeal taken from a final judgment.").
Based on our review of the record in this matter, Green is not attempting to appeal from a final, appealable order. Rather, Green has filed in this Court a new original petition asserting false-imprisonment claims against Davis and Gutierrez and seeking to quash the indictment that was the basis for his conviction. We lack jurisdiction to review such a filing. See Lehmann, 39 S.W.3d at 195; Aguilar v. Weber, 72 S.W.3d 729, 731 (Tex. App.—Waco 2002, no pet.) ("Appellate court jurisdiction of the merits of a case extends no further than that of the court from which the appeal is taken." (citing Nabejas v. Tex. Dep't of Pub. Safety, 972 S.W.2d 875, 876 (Tex. App.—Corpus Christi 1998, no pet.)); see also Macon, 20102 Tex. App. LEXIS 4207, at **2-3. Therefore, because there is no final judgment or appealable, interlocutory order, we dismiss this matter for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f); Lehmann, 39 S.W.3d at 195; see also Macon, 2012 Tex. App. LEXIS 4207, at **2-3.
Absent a specific exemption, the Clerk of the Court must collect filing fees at the time a document is presented for filing. TEX. R. APP. P. 12.1(b); Appendix to Tex. R. App. P., Order Regarding Fees (Amended Aug. 28, 2007, eff. Sept. 1, 2007); see TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV'T CODE ANN. §§ 51.207(b), 51,208, 51.941(a) (West 2013). Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing fees in this case. TEX. R. APP. P. 2. The write-off of the fees from the accounts receivable of the Court in no way eliminates or reduces the fees owed.
AL SCOGGINS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal dismissed
Opinion delivered and filed September 6, 2017
[CV06]