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Bosch v. Scott

Court of Appeals For The First District of Texas
Nov 10, 2015
NO. 01-14-00983-CV (Tex. App. Nov. 10, 2015)

Opinion

NO. 01-14-00983-CV

11-10-2015

YIGAL BOSCH, Appellant v. TONI SCOTT, Appellee


On Appeal from the 113th District Court Harris County, Texas
Trial Court Case No. 2014-00673

MEMORANDUM OPINION

Appellant, Yigal Bosch, proceeding pro se, attempts to appeal from the trial court's interlocutory order, signed on November 17, 2014, which, among other things, denied his emergency motion to void judgment. We dismiss the appeal for want of jurisdiction.

Generally, this Court has civil appellate jurisdiction over final judgments or interlocutory orders specifically authorized as appealable by statute. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 51.012, 51.014(a)(1)-(12) (West Supp. 2014); Bison Bldg. Materials, Ltd. v. Aldridge, 422 S.W.3d 582, 585 (Tex. 2012); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998). "A judgment is final 'if and only if either it actually disposes of all claims and parties then before the court, regardless of its language, or it states with unmistakable clarity that it is a final judgment as to all claims and all parties.'" In re Vaishangi, Inc., 442 S.W.3d 256, 259 (Tex. 2014) (quoting, inter alia, Lehmann, 39 S.W.3d at 192-93).

According to the clerk's record, filed in this Court on January 27, 2015, the trial court's November 17, 2014 order, among other things, denied the appellee's motion for summary judgment against all defendants seeking declaratory relief, denied appellant's emergency motion to void judgment, and stated that the order was an interlocutory order. A review of the clerk's record supports the court's statement that this order was not a final judgment because the order did not dispose of all claims, and explicitly stated that it was an interlocutory order. Cf. In re Vaishangi, Inc., 442 S.W.3d at 259; see also Lehmann, 39 S.W.3d at 192-93, 206. Also, this interlocutory order does not fall under any of the orders that are authorized as appealable by statute. See, e.g., TEX. CIV. PRAC. & REM. CODE ANN. §§ 51.014(a)(1)-(12); Stary, 967 S.W.2d at 352-53.

On March 19, 2015, the Clerk of this Court notified the parties that this Court might dismiss this appeal for want of jurisdiction unless appellant timely filed a response showing how this Court has jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a), 43.2(f). Appellant failed to file a timely response.

CONCLUSION

Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); 43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Higley, Huddle, and Lloyd.


Summaries of

Bosch v. Scott

Court of Appeals For The First District of Texas
Nov 10, 2015
NO. 01-14-00983-CV (Tex. App. Nov. 10, 2015)
Case details for

Bosch v. Scott

Case Details

Full title:YIGAL BOSCH, Appellant v. TONI SCOTT, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Nov 10, 2015

Citations

NO. 01-14-00983-CV (Tex. App. Nov. 10, 2015)