Opinion
05-24-00630-CV
07-12-2024
IN THE INTEREST OF C.H AND M.H., CHILDREN
On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-24-00720
Before Chief Justice Burns, Justice Molberg, and Justice Pedersen
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant filed the underlying lawsuit against thirty-one defendants. Before the Court is the June 17, 2024 motion of appellees Judges Sandra Peake and Lori Gray and former Judges Charley Prine, Clinton Wells, Jr., and James Lombardino to dismiss the appeal for want of jurisdiction. They assert appellant's notice of appeal of the April 22, 2024 orders granting their respective pleas to jurisdiction is untimely. In particular, they contend the appeal is accelerated and the notice of appeal was due on May 12, 2024. See TEX. R. APP. P. 26.1(b) (in accelerated appeal, notice of appeal due within twenty days of date order is signed). Appellant filed a notice of appeal on May 21, 2024.
After reviewing the clerk's record, the Court has determined that the trial court's May 13, 2024 Order Granting Findings of Fact and Conclusions of Law as to Venue constitutes a final judgment. In that order, the trial court dismissed appellant's petition with prejudice for improper venue. Without addressing the propriety of the order, we nevertheless conclude the order constitutes a final judgment as it dismisses appellant's petition with prejudice. There are no pending parties or claims in the trial court. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (final judgment is one that disposes of all parties and claims).
The trial court's May 13, 2024 is the appealable judgment. Appellant filed a timely notice of appeal on May 21, 2024. See TEX. R. APP. P. 26.1 (notice of appeal due within thirty days after final judgment is signed). Accordingly, we DENY the appellees' motion to dismiss the appeal.