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Boudreau v. Jaikaran

Court of Appeals of Texas, Fifth District, Dallas
Aug 8, 2005
No. 05-05-00544-CV (Tex. App. Aug. 8, 2005)

Summary

concluding that court lacked jurisdiction over appeal from interlocutory order transferring venue

Summary of this case from Bundy v. Houston

Opinion

No. 05-05-00544-CV

Opinion Issued August 8, 2005.

On Appeal from the 68th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-00724-C.

Before Justices MORRIS, LANG, and MAZZANT.


MEMORANDUM OPINION


Daniel A. Boudreau attempts to appeal the order transferring venue from the 68th Judicial District Court in Dallas County to a District Court in Montgomery County. We dismiss for lack of jurisdiction.

Generally, appellate jurisdiction exists only in cases in which a final judgment has been rendered that disposes of all issues and parties in the case or an appealable interlocutory order allowed by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). Section 15.064 of the Texas Civil Practice and Remedies Code provides the trial court shall determine venue questions from the pleadings and affidavits and that "[n]o interlocutory appeal shall lie from the determination." Tex. Civ. Prac. Rem. Code Ann. § 15.064 (Vernon 2002). Thus, the law does not provide for judicial review of an interlocutory order transferring venue. Therefore, on the Court's own motion, this appeal is dismissed for want of jurisdiction. See Tex.R.App.P. 42.3(a).


Summaries of

Boudreau v. Jaikaran

Court of Appeals of Texas, Fifth District, Dallas
Aug 8, 2005
No. 05-05-00544-CV (Tex. App. Aug. 8, 2005)

concluding that court lacked jurisdiction over appeal from interlocutory order transferring venue

Summary of this case from Bundy v. Houston
Case details for

Boudreau v. Jaikaran

Case Details

Full title:DANIEL A. BOUDREAU, Appellant, v. JACQUES S. JAIKARAN AND SUHAILA…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 8, 2005

Citations

No. 05-05-00544-CV (Tex. App. Aug. 8, 2005)

Citing Cases

Bundy v. Houston

However, as a general rule, a trial court's order on venue is interlocutory, and "[n]o interlocutory appeal…