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Kirk v. Sanford

Court of Appeals of Texas, Fourteenth District, Houston
Jul 26, 2007
No. 14-07-00371-CV (Tex. App. Jul. 26, 2007)

Opinion

No. 14-07-00371-CV

Opinion filed July 26, 2007.

On Appeal from the 405th District Court, Galveston County, Texas, Trial Court Cause No. 06CV0833.

Panel consists of Justices YATES, EDELMAN, and SEYMORE.


MEMORANDUM OPINION


This is an attempted accelerated appeal from an interlocutory order signed April 9, 2007. The clerk's record was filed on May 4, 2007. Appellants raise one issue challenging the trial court's denial of their motion to transfer venue. Appellees claim there is no interlocutory appeal from the trial court's order and the appeal should be dismissed. We dismiss the appeal.

The underlying suit involves claims of negligence, gross negligence, breach of contract, fraud, and breach of fiduciary duty brought by appellees. Appellants filed motions to transfer venue pursuant to section 15.002(a) of the Texas Civil Practices and Remedies Code. TEX. CIV. PRAC. REM. CODE ANN. ` 15.002(a) (Vernon 2002).

Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). Section 15.064 of the Texas Civil Practice and Remedies Code specifically provides that no interlocutory appeal lies from the trial court's venue determination. TEX. CIV. PRAC. REM. CODE ANN. ` 15.064(a) (Vernon 2002). Although section 15.003 allows interlocutory appeal from a trial court's order concerning intervention or joinder, there is no provision for interlocutory appeal of a trial court's finding that venue is proper. American Home Prods. Corp. v. Clark, 38 S.W.3d 92, 96 (Tex. 2000).

Accordingly, this court has no jurisdiction to entertain this appeal.

The appeal is ordered dismissed.


Summaries of

Kirk v. Sanford

Court of Appeals of Texas, Fourteenth District, Houston
Jul 26, 2007
No. 14-07-00371-CV (Tex. App. Jul. 26, 2007)
Case details for

Kirk v. Sanford

Case Details

Full title:DANA KIRK, ROBERT BINSTOCK, REICH and BINSTOCK, NEWTON B. SCHWARTZ, SR.…

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jul 26, 2007

Citations

No. 14-07-00371-CV (Tex. App. Jul. 26, 2007)