Opinion
No. 05-20-00506-CV
05-11-2020
MARCUS JARROD PAYNE, Appellant v. STACY ELEY, Appellee
On Appeal from the 134th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-20-04481
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Chief Justice Burns
Appellant appeals from the trial court's order transferring the underlying case to the 303rd Judicial District Court pursuant to local rules of court. Before the Court are appellee's motion to dismiss the appeal and for sanctions and appellant's response to appellee's motion. Appellee asserts this Court lacks jurisdiction over the transfer order. We agree.
Generally, this Court has jurisdiction over final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a). A final judgment is one that disposes of all parties and claims. See Lehmann, 39 S.W.3d at 195. A transfer order is neither a final judgment nor an interlocutory order for which an appeal is authorized by statute. See Fox v. Wardy, 224 S.W.3d 307 (Tex. App.—El Paso 2005, pet denied).
Although appellant filed a response to the motion to dismiss, he fails to address this Court's jurisdiction over this appeal. Because the transfer order is not subject to an interlocutory appeal, we grant appellee's motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). We deny appellee's request for sanctions.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 200506F.P05
JUDGMENT
On Appeal from the 134th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-20-04481.
Opinion delivered by Chief Justice Burns. Justices Molberg and Nowell participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee STACY ELEY recover her costs of this appeal from appellant MARCUS JARROD PAYNE. Judgment entered May 11, 2020