From Casetext: Smarter Legal Research

Paul v. Jones

Court of Appeals of Texas, Tenth District, Waco
Nov 8, 2006
No. 10-06-00051-CV (Tex. App. Nov. 8, 2006)

Opinion

No. 10-06-00051-CV

Opinion delivered and filed November 8, 2006.

Appeal from the 77th District Court, Limestone County, Texas, Trial Court No. 27,857-A.

Appeal dismissed for want of jurisdiction.

Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.


MEMORANDUM OPINION


Paul and Sandy Joyner filed suit against Mack Jones, Diana Jones, and Roy DeFriend asserting claims arising from the death of their son, Brandon Joyner. Specifically, the suit alleged that Mack and Diana Jones and DeFriend, who is the County Attorney of Limestone County, engaged in improper conduct to hinder the investigation of Brandon's death. DeFriend filed a Plea to the Jurisdiction, which the court granted. From this order, the Joyners appeal.

As a general rule, an appeal may be taken only from a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Here, the order complained of is interlocutory because it does not dispose of all parties and claims asserted in the cause below. See id. at 205. This court has jurisdiction over an interlocutory appeal only when expressly provided by statute. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998).

The Joyners say they sued DeFriend individually and not as County Attorney. That argument, if successful, removes section 51.014 of the Civil Practice and Remedies Code from consideration. TEX. CIV. PRAC. REM. CODE ANN. § 51.014 (Vernon Supp. 2006).

If, on the other hand, section 51.014 is considered, subsection (8) does not apply because the County Attorney is not a "governmental unit" and subsection (5) does not apply because the trial court granted the motion. Id. § 51.014 (5), (8).

The Joyners have cited no statutory provision granting this court jurisdiction over this interlocutory appeal, and we have found none. Accordingly, this appeal is dismissed for want of jurisdiction.


Summaries of

Paul v. Jones

Court of Appeals of Texas, Tenth District, Waco
Nov 8, 2006
No. 10-06-00051-CV (Tex. App. Nov. 8, 2006)
Case details for

Paul v. Jones

Case Details

Full title:PAUL AND SANDY JOYNER, INDIVIDUALLY, AND ON THE BEHALF OF THE ESTATE OF…

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Nov 8, 2006

Citations

No. 10-06-00051-CV (Tex. App. Nov. 8, 2006)