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Johnson v. Herrera

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Sep 29, 2016
NO. 02-16-00295-CV (Tex. App. Sep. 29, 2016)

Summary

dismissing an appeal of a mediation order for lack of jurisdiction

Summary of this case from In re S.J.

Opinion

NO. 02-16-00295-CV

09-29-2016

PARKERSON A. JOHNSON APPELLANT v. HERRERA, MARLENY; ACCC INSURANCE COMPANY; AND ACCC GENERAL AGENCY STATES


FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY
TRIAL COURT NO. 2016-002147-1 MEMORANDUM OPINION

Appellant Parkerson A. Johnson attempts to appeal a mediation order directing him to attend and participate in mediation with Appellees Marleny Herrera, ACCC Insurance Company, and ACCC General Agency.

On August 17, 2016, we sent Johnson a letter stating our concern that we may lack jurisdiction over the mediation order signed August 5, 2016, because it does not appear to be a final judgment or an appealable interlocutory order. We notified Johnson that his appeal could be dismissed based on our lack of jurisdiction unless he or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal by August 29, 2016. See Tex. R. App. P. 42.3(a), 44.3. Appellant filed a "Motion for Judgment" on August 29, 2016, but did not provide us with any basis of jurisdiction over his appeal.

Because we do not have jurisdiction over this appeal, we dismiss Johnson's appeal. See Tex. R. App. P. 42.3(a), 44.3; Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (stating that generally appeal may be taken only from final judgment and that judgment is final and appealable if it disposes of all parties and all issues).

/s/ Bonnie Sudderth

BONNIE SUDDERTH

JUSTICE PANEL: LIVINGSTON, C.J.; DAUPHINOT, and SUDDERTH, JJ. DELIVERED: September 29, 2016

See Tex. R. App. P. 47.4.


Summaries of

Johnson v. Herrera

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Sep 29, 2016
NO. 02-16-00295-CV (Tex. App. Sep. 29, 2016)

dismissing an appeal of a mediation order for lack of jurisdiction

Summary of this case from In re S.J.
Case details for

Johnson v. Herrera

Case Details

Full title:PARKERSON A. JOHNSON APPELLANT v. HERRERA, MARLENY; ACCC INSURANCE…

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Sep 29, 2016

Citations

NO. 02-16-00295-CV (Tex. App. Sep. 29, 2016)

Citing Cases

In re S.J.

An order referring a case to mediation is not a final judgment subject to appeal. See Bonsmara, 603 S.W.3d at…