From Casetext: Smarter Legal Research

Rosales v. Comm'n for Lawyer Discipline

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Mar 12, 2021
NO. 03-21-00018-CV (Tex. App. Mar. 12, 2021)

Opinion

NO. 03-21-00018-CV

03-12-2021

Omar Weaver Rosales, Appellant v. Commission For Lawyer Discipline, Appellee


FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-19-006782, THE HONORABLE C. MICHAEL DAVIS, JUDGE PRESIDINGMEMORANDUM OPINION

Appellee, the Commission for Lawyer Discipline, has filed a motion to dismiss this interlocutory appeal in which Omar Weaver Rosales complains about the trial court's order denying his plea to the jurisdiction. The Commission argues that this Court lacks subject-matter jurisdiction over this appeal. We agree.

Generally, appellate courts have jurisdiction only over appeals from final judgments. See Lehman v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appellate court also has jurisdiction to consider an appeal from an interlocutory order if a statute explicitly provides jurisdiction. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); see Tex. Civ. Prac. & Rem. Code § 51.014 (authorizing appeals from certain interlocutory orders, including for denials of pleas to jurisdiction filed by governmental units but not for pleas to jurisdiction filed by individuals). The interlocutory order that Rosales appeals does not meet the criteria of any of the statutorily enumerated exceptions to the general rule that interlocutory orders are not appealable, and Rosales—in his response opposing the motion to dismiss—does not cite to any other authority conferring jurisdiction on this Court over his appeal. See Tex. Civ. Prac. & Rem. Code § 51.014; CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011) ("Unless a statute authorizes an interlocutory appeal, appellate courts generally only have jurisdiction over final judgments."). Accordingly, we grant the Commission's motion and dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3.

/s/_________

Thomas J. Baker, Justice Before Chief Justice Byrne, Justices Baker and Smith Dismissed for Want of Jurisdiction Filed: March 12, 2021


Summaries of

Rosales v. Comm'n for Lawyer Discipline

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Mar 12, 2021
NO. 03-21-00018-CV (Tex. App. Mar. 12, 2021)
Case details for

Rosales v. Comm'n for Lawyer Discipline

Case Details

Full title:Omar Weaver Rosales, Appellant v. Commission For Lawyer Discipline…

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Mar 12, 2021

Citations

NO. 03-21-00018-CV (Tex. App. Mar. 12, 2021)