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Benavides v. Wilmington Tr.

Court of Appeals of Texas, Fourth District, San Antonio
Nov 24, 2021
No. 04-21-00446-CV (Tex. App. Nov. 24, 2021)

Opinion

04-21-00446-CV

11-24-2021

Maria BENAVIDES, Appellant v. WILMINGTON TRUST, National Association, as Trustee of MFRA Trust 2014-2, Appellee


From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 2021CV00782 Honorable J Frank Davis, Judge Presiding

ORDER

Irene Rios, Justice

Appellant Maria Benavides filed a notice of appeal which indicates she is appealing the trial court's order vacating its previous order staying writ of possession. "[T]he general rule, with a few mostly statutory exceptions, is that an appeal may be taken only from a final judgment." Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). The order Benavides attempts to appeal is not a final judgment and is not one of those appealable interlocutory orders listed in section 51.014 of the Texas Civil Practice and Remedies Code. See Ramey v. Bank of N.Y., No. 14-11-00992-CV, 2012 WL 1048648, at *1 (Tex. App-Houston [14th Dist] Mar. 27, 2012, no pet.) (mem. op.) (concluding the court did not have jurisdiction over an attempted appeal from an order denying a motion to stay writ of possession); see also Tex. Civ. Prac. & Rem. Code Ann. § 51.014. Thus, it appears that we lack jurisdiction to entertain this appeal. We, therefore, ORDER appellant to show cause on or before December 15, 2021, why this appeal should not be dismissed for lack of jurisdiction.

All appellate deadlines are suspended pending further order from this court.


Summaries of

Benavides v. Wilmington Tr.

Court of Appeals of Texas, Fourth District, San Antonio
Nov 24, 2021
No. 04-21-00446-CV (Tex. App. Nov. 24, 2021)
Case details for

Benavides v. Wilmington Tr.

Case Details

Full title:Maria BENAVIDES, Appellant v. WILMINGTON TRUST, National Association, as…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Nov 24, 2021

Citations

No. 04-21-00446-CV (Tex. App. Nov. 24, 2021)