Opinion
NO. 03-18-00783-CV
03-05-2019
Gerald McMillan, Appellant v. Little City Investments, LLC, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 419TH JUDICIAL DISTRICT
NO. D-1-GN-18-003384 , HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING MEMORANDUM OPINION
Gerald McMillan appeals the trial court's interlocutory order expunging certain notices of lis pendens. On December 6, 2018, appellee Little City Investments, LLC, filed a motion to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3. McMillan has not filed a response to the motion explaining why this Court has jurisdiction. We agree that the appeal should be dismissed.
Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if allowed by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). The trial court has not signed a final judgment in this case, and we find no statutory authority for an appeal of an interlocutory order expunging notices of lis pendens. See Smith v. Schwartz, No. 02-15-00146-CV, 2015 WL 3645862, at *1 (Tex. App.—Fort Worth June 11, 2015, no pet.) (mem. op.) (dismissing appeal for lack of jurisdiction because no statute allows appeal from interlocutory order expunging lis pendens); Marks v. Starratt, No. 14-09-00269-CV, 2009 WL 1312180, at *1 (Tex. App.—Houston [14th Dist.] May 7, 2009, no pet.) (mem. op.) (same).
Accordingly, we grant the motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
/s/_________
Thomas J. Baker, Justice Before Justices Goodwin, Baker, and Triana Dismissed for Want of Jurisdiction Filed: March 5, 2019