Summary
granting parties' motion to dismiss appeal for want of jurisdiction after trial court granted taxing entities' motion to vacate judgment under section 33.56 of Tax Code
Summary of this case from Zapata v. Clear Creek Indep. Sch. Dist.Opinion
No. 10-03-283-CV
Opinion delivered and filed: December 31, 2003.
Appeal from the 220th District Court, Hamilton County, Texas, Trial Court # 01-06-02599.
Appeal dismissed.
Jay Sandon Cooper, Attorney for Appellant.
Rashay Chapa, Attorney for Appellee.
Before Chief Justice GRAY, Justice VANCE, and Judge ALLEN (Sitting by Assignment)
George Allen, Judge of the 54th District Court of McLennan County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (Vernon Supp. 2004).
MEMORANDUM OPINION
Several Hamilton County taxing entities filed a tax delinquency suit against Jay Sandon Cooper. The court rendered a default judgment in favor of the taxing entities. Cooper timely perfected this appeal after receiving notice of the judgment.
Thereafter, the court granted the taxing entities' motion to vacate the judgment under section 33.56(a)(1) of the Tax Code because a necessary party had not been joined. See TEX. TAX CODE ANN. § 33.56(a)(1) (Vernon 2002); Barua v. County of Dallas, 100 S.W.3d 629, 632 (Tex. App.-Texarkana 2003, pet. denied). Accordingly, the taxing entities have filed a motion to dismiss the appeal for want of jurisdiction.
Except where otherwise provided by statute, "an appeal may be taken only from a final judgment." Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). No exception applies in this case. Thus, we dismiss the appeal for want of jurisdiction.