Opinion
No. 10-03-366-CV
Opinion delivered and filed December 31, 2003.
Appeal from the 170th District Court, McLennan County, Texas, Trial Court # 2003-952-4.
Appeal dismissed.
Stephen E. Nicholson, Attorney for Appellant.
Herbert S. Bristow and Michael W. Dixon, Attorney for Appellee.
Before Chief Justice GRAY, Justice VANCE, and Judge STROTHER (Sitting by Assignment).
Ralph T. Strother, Judge of the 19th 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
Stephen E. Nicholson filed suit against the McLennan County Commissioners Court under the Texas Tort Claims Act. He filed a similar lawsuit in federal court one month later. The Commissioners Court filed a motion to stay the state court proceedings pending resolution of the federal suit. The trial court granted this motion. Nicholson seeks to appeal the stay order.
This Court has jurisdiction over an interlocutory appeal only when expressly provided by statute. Stary v. DeBord, 967 S.W.3d 352, 352-53 (Tex. 1998); Chase Manhattan Bank v. Bowles, 52 S.W.3d 871, 878 (Tex. App.-Waco 2001, no pet.). No statute expressly authorizes the interlocutory appeal of a stay order.
The Clerk of this Court sent the following notice to Nicholson by letter dated November 7, 2003:
Pursuant to Rules 42.3 and 44.3 of the Texas Rules of Appellate Procedure, you are notified that this cause is subject to dismissal for want of jurisdiction because it appears the order being challenged is not a final, appealable judgment. Therefore, the Court may dismiss this appeal unless, within ten days of the date of this letter, a response is filed showing grounds for continuing the appeal.
Nicholson's response asserts no valid, jurisdictional grounds for continuing this appeal. Accordingly, the appeal is dismissed for want of jurisdiction. Costs are taxed against Nicholson. Id. 43.4.