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MACKLIN v. SAIA MOTOR

Court of Appeals of Texas, Sixth District, Texarkana
Nov 15, 2011
No. 06-11-00088-CV (Tex. App. Nov. 15, 2011)

Opinion

No. 06-11-00088-CV

Date Submitted: November 14, 2011.

Date Decided: November 15, 2011.

On Appeal from the 276th Judicial District Court, Marion County, Texas, Trial Court No. 0900015.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.


MEMORANDUM OPINION


Appellant, Derron A. Macklin, filed a notice of appeal August 15, 2011, stating that he was appealing from the trial court's severance and nonsuit order. We received the clerk's record on September 30. It contained only an order of severance. On October 3, in accord with TEX. R. APP. P. 42.3, we contacted Macklin by letter informing him that after a review of the record, there was no final judgment in the severed case and requested that he show us how we had jurisdiction over the case.

Our jurisdiction is constitutional and statutory in nature. See TEX. CONST. art. V, § 6; TEX. GOV'T CODE ANN. § 22.220 (West 2011). Unless we are given specific authority over interlocutory appeals, we have jurisdiction only over appeals from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A severance order that does not dispose of the parties and claims is a nonappealable interlocutory order. Balistreri v. Remax Realty, No. 05-10-00611-CV, 2011 WL 149984 (Tex. App.-Dallas Jan. 19, 2011, no pet.) (mem. op.); Beckham Group, P.C. v. Snyder, 315 S.W.3d 244 (Tex. App.-Dallas 2010, no pet.); see Diversified Fin. Sys., Inc. v. Hill, Heard, O'Neal, Gilstrap Goetz, P.C., 63 S.W.3d 795, 795 (Tex. 2001).

On October 7, a supplemental clerk's record was filed, containing the order of nonsuit. The order nonsuits only the plaintiff/counter-defendant's claims against Macklin and contains no language expressing an intent to dispose of all claims and all parties as would be necessary to create a final, appealable order. An order of dismissal pursuant to nonsuit is not a final, appealable order when the order does not "unequivocally express an intent to dispose of all claims and all parties." Unifund CCR Partners v. Villa, 299 S.W.3d 92, 96 (Tex. 2009).

We again, in accord with TEX. R. APP. P. 42.3, contacted Macklin by letter on October 12 concerning the defect regarding the nonsuit. We have received Macklin's response, and considered it. We do not find it to be persuasive. There is no appealable order or final judgment before this Court.

We dismiss this appeal for want of jurisdiction.


Summaries of

MACKLIN v. SAIA MOTOR

Court of Appeals of Texas, Sixth District, Texarkana
Nov 15, 2011
No. 06-11-00088-CV (Tex. App. Nov. 15, 2011)
Case details for

MACKLIN v. SAIA MOTOR

Case Details

Full title:DERRON MACKLIN, Appellant v. SAIA MOTOR FREIGHT LINES, INC., Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Nov 15, 2011

Citations

No. 06-11-00088-CV (Tex. App. Nov. 15, 2011)