Opinion
No. 05-07-00071-CV
Opinion Filed March 6, 2007.
On Appeal from County Court at Law No. 5, Dallas County, Texas. Trial Court Cause No. 05-15967-E.
Before Justices Moseley, Bridges, and Richter.
MEMORANDUM OPINION
On January 19, 2007, appellant filed a notice of appeal in this case indicating it was appealing the trial court's January 18, 2007 Modified Order Granting Motion to Strike Pleading of the City of Dallas. Appellee filed a motion to dismiss, asserting the order striking the intervention is not an appealable interlocutory order. We agree with appellee.
Appellate courts have jurisdiction over final judgments and such interlocutory orders as the legislature deems appealable. 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). An order dismissing or striking a petition in intervention may not be appealed by the intervenor before the rendition of a final judgment. See Metromedia Long Distance, Inc. v. Hughes, 810 S.W.2d 494, 499 (Tex.App.-San Antonio 1991, writ denied).
Appellant argues this appeal is allowed pursuant to Texas Civil Practice and Remedies Code section 51.014(a)(8), which provides for an interlocutory appeal from an order that grants or denies a plea to the jurisdiction by a governmental unit. See Tex. Civ. Prac. Rem. Code Ann. § 51.014(a)(8) (Vernon Supp. 2006). Appellant argues the "Modified Order Granting Motion to Strike Pleading of the City of Dallas" was in reality an order granting a plea to the jurisdiction. We disagree.
A plea to the jurisdiction challenges the court's power to determine the subject matter of the controversy. Bland Independent School District v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). Appellee's motion to strike the pleading of the City of Dallas did not challenge the subject matter jurisdiction of the trial court. "To be entitled to an interlocutory appeal, section 51.014(a)(8) requires the denial of a jurisdictional challenge." Thomas v. Long, 207 S.W.3d 334, 339 (Tex. 2006). Because the "Modified Order Granting Motion to Strike Pleading of the City of Dallas" was not a denial of a jurisdictional challenge, section 51.014(a)(8) does not apply.
We dismiss this appeal for want of jurisdiction. We deny as moot appellant's February 15, 2007 Motion for Consolidation.