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Bourque v. Wood

Court of Appeals Ninth District of Texas at Beaumont
Nov 14, 2013
NO. 09-13-00388-CV (Tex. App. Nov. 14, 2013)

Opinion

NO. 09-13-00388-CV

11-14-2013

GERALD BOURQUE, INDIVIDUALLY AND AS TRUSTEE OF THE DENNIS AND VIOLA BOURQUE IRREVOCABLE TRUST U/A 6-18-10 AND MARILYN BOURQUE, INDIVIDUALLY, Appellants v. TERRY WOOD, Appellee


On Appeal from the 60th District Court

Jefferson County, Texas

Trial Cause No. B-193,253


MEMORANDUM OPINION

The appellants, Gerald Bourque, Individually and as Trustee of the Dennis and Viola Bourque Irrevocable Trust U/A 6-18-10 and Marilyn Bourque, Individually, filed a motion to abate the appeal or in the alternative to dismiss the appeal without prejudice. The appellee, Terry Wood, objected to abating the appeal and filed a motion to dismiss the appeal for want of jurisdiction. The parties agree that no final judgment has been signed and that the trial court's order granting Woods's amended special exceptions and plea to the jurisdiction is not appealable as an accelerated appeal of the interlocutory order. Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appeal may be taken from an interlocutory order only when an appeal is authorized by statute. See Bison Bldg. Materials, Ltd. v. Aldridge, No. 06-1084, 2012 WL 3870493, at *3 (Tex. Aug. 17, 2012). We dismiss the appeal without reference to the merits. Id.

APPEAL DISMISSED.

________________

CHARLES KREGER

Justice
Before McKeithen, C.J., Kreger and Horton, JJ.


Summaries of

Bourque v. Wood

Court of Appeals Ninth District of Texas at Beaumont
Nov 14, 2013
NO. 09-13-00388-CV (Tex. App. Nov. 14, 2013)
Case details for

Bourque v. Wood

Case Details

Full title:GERALD BOURQUE, INDIVIDUALLY AND AS TRUSTEE OF THE DENNIS AND VIOLA…

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Nov 14, 2013

Citations

NO. 09-13-00388-CV (Tex. App. Nov. 14, 2013)