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Phillip G. v. Seymour

Court of Appeals of Texas, Third District, Austin
Jul 26, 2023
No. 03-23-00379-CV (Tex. App. Jul. 26, 2023)

Opinion

03-23-00379-CV

07-26-2023

Phillip G. "Baby Shark" Scott, Appellant v. Aaron Seymour, Judge Daniel Mills, and Judge Andrew Leonie, Appellees


FROM THE 22ND DISTRICT COURT OF COMAL COUNTY NO. CR2023-382, THE HONORABLE DANIEL H. MILLS, JUDGE PRESIDING

Before Chief Justice Byrne, Justices Triana and Theofanis

MEMORANDUM OPINION

DARLENE BYRNE, CHIEF JUSTICE

After appellant Phillip G. "Baby Shark" Scott filed what he described as an interlocutory appeal, this Court's clerk sent Scott a letter asking for a response explaining the basis for the Court's jurisdiction over this appeal. The letter warned that, if Scott did not respond within ten days with an adequate explanation of the basis on which this Court could exercise of jurisdiction, this appeal could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3.

As a general rule, only final judgments are appealable, and interlocutory orders are not. GJP, Inc. v. Ghosh, 251 S.W.3d 854, 867 (Tex. App.-Austin 2008, no pet.); see Texas A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 841 (Tex. 2007). This Court has jurisdiction over a limited number of interlocutory appeals in civil matters. See, e.g. Tex. Civ. Prac. & Rem. Code § 51.014. A party in a criminal case may appeal only from judgments of conviction or interlocutory orders authorized by statute. Mack v. State, 549 S.W.3d 746, 747 (Tex. App.- Waco 2017, pet. ref'd); see also Tex. Code Crim. Proc. art. 44.02; Tex.R.App.P. 25.2. Scott complains of actions by a lawyer he says is representing him in a separate case but not this one and asserts that the trial judge must recuse himself, but has not demonstrated that the trial court has taken any action or made any order that gives us jurisdiction over an interlocutory appeal.

More than ten days have passed since this Court asked Scott to explain the basis for this Court to exercise jurisdiction over any issue he raised in this interlocutory appeal. We find no basis on which to exercise jurisdiction over this appeal.

We dismiss this appeal. See Tex. R. App. P. 42.3(a).

Dismissed for Want of Jurisdiction


Summaries of

Phillip G. v. Seymour

Court of Appeals of Texas, Third District, Austin
Jul 26, 2023
No. 03-23-00379-CV (Tex. App. Jul. 26, 2023)
Case details for

Phillip G. v. Seymour

Case Details

Full title:Phillip G. "Baby Shark" Scott, Appellant v. Aaron Seymour, Judge Daniel…

Court:Court of Appeals of Texas, Third District, Austin

Date published: Jul 26, 2023

Citations

No. 03-23-00379-CV (Tex. App. Jul. 26, 2023)