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Carrisalez v. Benitez

Court of Appeals For The First District of Texas
Oct 2, 2014
NO. 01-14-00414-CV (Tex. App. Oct. 2, 2014)

Opinion

NO. 01-14-00414-CV

10-02-2014

GILBERT CARRISALEZ, Appellant v. CARLOS BENITEZ D/B/A CIVIL JUDGMENT ENFORCEMENT SERVICES, Appellee


On Appeal from the Harris County Civil Court at Law No. 2
Trial Court Case No. 867420-801

MEMORANDUM OPINION

Appellant, Gilbert Carrisalez, filed a Notice of Appeal from an interlocutory order denying his motion to dissolve a writ of garnishment. Appellee, Carlos Benitez, filed a motion to dismiss the appeal for want of jurisdiction.

Texas appellate courts only have jurisdiction to review final judgments, and interlocutory orders are appealable only if specified by statute. See Bison Bldg. Materials, Ltd. v. Aldridge, 422 S.W.3d 582, 585 (Tex. 2012); Stary v. DeBord, 967 S.W.2d 352, 352-353 (Tex. 1998). Writs of garnishment are not classified as injunctive orders, and therefore a party has no right of interlocutory appeal from an order denying a motion to dissolve a writ of garnishment. Fogel v First Republicbank Eldridge, N.A., Nos. C14-87-894-CV, A14-87-895-CV, 1987 WL 27079 (Tex. App.—Houston [14th Dist.] December 10, 1987, no writ).

The order appealed from here is not a final judgment, and no statute allows for an interlocutory appeal in this case. Id. Indeed, after Benitez moved to dismiss, Carrisalez filed a response acknowledging that we lack jurisdiction. Accordingly, we grant appellee's motion to dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a). We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Massengale, Brown, and Huddle.


Summaries of

Carrisalez v. Benitez

Court of Appeals For The First District of Texas
Oct 2, 2014
NO. 01-14-00414-CV (Tex. App. Oct. 2, 2014)
Case details for

Carrisalez v. Benitez

Case Details

Full title:GILBERT CARRISALEZ, Appellant v. CARLOS BENITEZ D/B/A CIVIL JUDGMENT…

Court:Court of Appeals For The First District of Texas

Date published: Oct 2, 2014

Citations

NO. 01-14-00414-CV (Tex. App. Oct. 2, 2014)