Opinion
Appellate case number: 01-14-00733-CV
08-30-2016
Scott D. Levy & Associates, P.C. and Scott D. Levy v. Corinthian Colleges, Inc.
ORDER AND NOTICE OF INTENT TO DISMISS FOR WANT OF JURISDICTION Trial court case number: 2014-00570 Trial court: 127th District Court of Harris County
On August 29, 2014, appellants, Scott D. Levy & Associates, P.C. and Scott D. Levy, filed their notice of appeal in the trial court seeking review of the oral ruling made by the trial court on August 29, 2014. See TEX. R. APP. P. 24.4(a). The trial court had ordered appellants to post a $950,000.00 supersedeas bond within ten days to stay execution of the foreign judgment while the underlying foreign case was on appeal in the U.S. Court of Appeals for the Ninth Circuit. This ruling was memorialized in an order signed by the trial court on October 9, 2014, denying appellants' motion to stay/plea in abatement, which was filed in this Court on June 25, 2015, as part of a supplemental clerk's record.
On June 26, 2015, this appeal was stayed pursuant to the Notice of Filing Bankruptcy Under Chapter 11, filed as part of the supplemental clerk's record. The Notice of Filing Bankruptcy Under Chapter 11 stated that the appellee, Corinthian Colleges, Inc., had filed a bankruptcy petition in the United States District Court for the District of Delaware, which was assigned case number 15-10952. See TEX. R. APP. P. 8.2; see also 11 U.S.C. § 362(a).
On August 23, 2016, in compliance with a notice from the Clerk of this Court, the district clerk filed a second supplemental clerk's record in this Court. Among other documents, the district clerk attached the trial court's order dismissing the underlying lawsuit with prejudice, signed on June 21, 2016, based on the Ninth Circuit's June 9, 2016 reversal of the foreign judgment. Accordingly, because it now appears that there is no final judgment or appealable order in this case, the Court directs the Clerk of this Court to reinstate this appeal as an active case on the Court's docket.
However, this Court generally has jurisdiction only over appeals from final judgments unless a statute authorizes an interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 51.012, 51.014(a)(1)-(12) (West Supp. 2015) (listing appealable interlocutory orders); CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011) ("Unless a statute authorizes an interlocutory appeal, appellate courts generally only have jurisdiction over appeals from final judgments."). After the trial court's June 21, 2016 order dismissed the underlying trial court case with prejudice, it appears that the clerk's record in this Court does not contain a final judgment or appealable interlocutory order, and this Court may dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
Accordingly, unless the appellants file a written response to this notice, providing a detailed explanation, citing relevant portions of the record, statutes, rules, or case law to show that this Court has jurisdiction over this appeal, this appeal may be dismissed for want of jurisdiction without further notice. See TEX. R. APP. P. 42.3(a), 43.2(f). Appellants' response, if any, is due in this Court within 10 days from the date of this order or this appeal will be dismissed for want of jurisdiction without further notice. See TEX. R. APP. P. 42.3(a), (c).
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually Date: August 30, 2016