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King Fuels, Inc. v. Syed R. Enters., Inc.

Court of Appeals For The First District of Texas
Jul 12, 2016
NO. 01-15-00971-CV (Tex. App. Jul. 12, 2016)

Opinion

NO. 01-15-00971-CV

07-12-2016

KING FUELS, INC., Appellant v. SYED R. ENTERPRISES, INC., SYED AZEEMUDDIN AND AYESHA TABASSUM, Appellees


On Appeal from County Civil Court at Law No. 2 Harris County, Texas
Trial Court Case No. 1062261

MEMORANDUM OPINION

King Fuels, Inc. appeals from the trial court's grant of a motion to transfer venue.

Appeals may be taken from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders can be appealed only when expressly authorized by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). Here, the record reveals that no final judgment has been entered. The trial court's grant of King Fuel's motion to transfer venue does not dispose of King Fuel's claims. Accordingly, the order transferring venue is interlocutory.

On June 14, 2016, the Court notified the parties of its intent to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating this court's jurisdiction on or before June 24, 2016. See TEX. R. APP. P. 42.3(a).

King Fuels filed a response, arguing the trial court's ruling was reviewable by mandamus. See TEX. CIV. PRAC. & REM. CODE ANN. § 15.0642 (Vernon 2002). This does not establish a right to an interlocutory appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).

King Fuels has also filed a petition for writ of mandamus under a separate cause number. We have reviewed and ruled on that cause. --------

PER CURIAM Panel consists of Justices Higley, Bland, and Massengale.


Summaries of

King Fuels, Inc. v. Syed R. Enters., Inc.

Court of Appeals For The First District of Texas
Jul 12, 2016
NO. 01-15-00971-CV (Tex. App. Jul. 12, 2016)
Case details for

King Fuels, Inc. v. Syed R. Enters., Inc.

Case Details

Full title:KING FUELS, INC., Appellant v. SYED R. ENTERPRISES, INC., SYED AZEEMUDDIN…

Court:Court of Appeals For The First District of Texas

Date published: Jul 12, 2016

Citations

NO. 01-15-00971-CV (Tex. App. Jul. 12, 2016)