Opinion
No. 08-14-00258-CV
09-18-2014
CHRISTOPHER M. OLSEN AND CATHY A. OLSEN, Appellants, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS), Appellee.
Appeal from 126th District Court of Travis County, Texas (TC # D-1-GN-13-003043) MEMORANDUM OPINION
Pending before the Court is a motion filed by Appellee, Mortgage Electronic Registration Systems (MERS), to dismiss the appeal for want of jurisdiction because the order being appeal is not a final judgment or an appealable interlocutory order. We grant the motion and dismiss the appeal.
Appellants filed notice of appeal from an order entered by the trial court on July 21, 2014 granting summary judgment in favor of MERS and MERS filed a motion to dismiss the appeal for want of jurisdiction. The Third Court of Appeals transferred the appeal to this Court on September 11, 2014 pursuant to a docket equalization order.
It is well settled that appellate courts have jurisdiction over final judgments, and such interlocutory orders as the Legislature deems appealable by statute. Lehmann v. Har-Con Corporation, 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App.--El Paso 1997, no pet.); TEX.CIV.PRAC.&REM.CODE ANN. § 51.014 (West Supp. 2014) (authorizing appeals from certain interlocutory orders). The order is not final because LPP Mortgage's counterclaim remains pending against Appellants. Further, there is no statutory provision authorizing an appeal from this interlocutory order. Accordingly, we grant the motion and dismiss the appeal for want of jurisdiction. See TEX.R.APP.P. 42.3(a). September 18, 2014
ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, J., and Barajas, C.J., (Senior Judge)
(Barajas, C.J., Senior Judge, sitting by assignment, not participating)