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Tex. S. Univ. v. Young

Court of Appeals of Texas, First District, Houston
Dec 29, 2022
No. 01-22-00913-CV (Tex. App. Dec. 29, 2022)

Opinion

01-22-00913-CV

12-29-2022

Texas Southern University, Texas Southern University President Leisa Crumpton-Young and General Counsel Hao Le v. Mary Young


127th District Court of Harris County Trial court case number: 2022-77744

ORDER

Sherry Radack Judge

On December 8, 2022, appellants filed their notice of appeal, attempting to appeal what they describe as an "implicit denial of Defendants' First Amended Plea to the Jurisdiction during the December 8, 2022 hearing."

Generally, a Texas appellate court has jurisdiction to hear only an appeal from a final judgment. Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). However, appellate courts have jurisdiction to consider immediate appeals of interlocutory orders if a statute explicitly provides appellate jurisdiction. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); New York Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677, 679 (Tex. 1990); see also TEX. CIV. PRAC. &REM. CODE § 51.014 (statutory list of appealable interlocutory orders). Section 51.014(a)(8) permits a person to appeal an interlocutory order of a district court that "denies a plea to the jurisdiction." See TEX. CIV. PRAC. &REM. CODE § 51.014(A)(8). "A TRIAL COURT THAT RULES ON THE MERITS OF AN ISSUE WITHOUT EXPLICITLY REJECTING AN ASSERTED JURISDICTIONAL ATTACK HAS IMPLICITLY DENIED THE JURISDICTIONAL CHALLENGE." Thomas v. Long, 207 S.W.3d 334, 339-40 (Tex. 2006). The record neither contains an order denying the jurisdictional challenge, nor any trial court ruling on the merits that could serve as an implicit ruling denying the jurisdictional challenge. Because it appears that the record does not contain any trial court order denying the plea to the jurisdiction, or any implicit ruling, the Court may dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(A).

Unless appellants file a response demonstrating by citation to the law that this Court has jurisdiction of the appeal, this appeal will be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(A), 43.2(F). APPELLANTS' RESPONSE, IF ANY, IS due in this Court no later than 5:00 p.m. Thursday, January 5, 2023.

It is so ORDERED.


Summaries of

Tex. S. Univ. v. Young

Court of Appeals of Texas, First District, Houston
Dec 29, 2022
No. 01-22-00913-CV (Tex. App. Dec. 29, 2022)
Case details for

Tex. S. Univ. v. Young

Case Details

Full title:Texas Southern University, Texas Southern University President Leisa…

Court:Court of Appeals of Texas, First District, Houston

Date published: Dec 29, 2022

Citations

No. 01-22-00913-CV (Tex. App. Dec. 29, 2022)