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Smith v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Feb 15, 2018
NO. 02-18-00008-CV (Tex. App. Feb. 15, 2018)

Opinion

NO. 02-18-00008-CV

02-15-2018

DAVID WAYNE SMITH APPELLANT v. STATE OF TEXAS, THOMAS A. WILDER, SHAREN WILSON, CARL J. LAZARUS, ROBB CATALANO, SHAWN W. PASCHALL, AND MATT KING APPELLEES


FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 067-289396-16 MEMORANDUM OPINION

Appellant David Wayne Smith attempts to appeal from the trial court's order granting the motions to dismiss filed by appellees Thomas A. Wilder and Sharen Wilson. Because the order was not a final or otherwise appealable order, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

In late 2016, Smith filed a petition alleging that the appellees engaged in a conspiracy and identity theft, resulting in his current imprisonment. Wilder and Wilson each filed a motion to dismiss Smith's claims against them. See Tex. Civ. Prac. & Rem. Code Ann. § 14.003 (West 2017). The trial court granted their motions on November 30, 2017. See id. § 14.010(a) (West 2017). Although the order stated that the "case" was dismissed, Wilder's and Wilson's motions only addressed Smith's claims brought against them. As such, the claims against the other five appellees remain pending in the trial court. Smith is not entitled to an interlocutory appeal of a dismissal order under section 14.010. See id. § 14.010(c). Because the order does not dispose of all parties, it is an interlocutory order not subject to immediate appeal, which we do not have jurisdiction to address. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Hickman v. TDCJ, No. 13-11-00729-CV, 2012 WL 601159, at *1 (Tex. App.—Corpus Christi Feb. 23, 2012, no pet.) (mem. op.).

On February 2, 2015, Smith pleaded guilty to possession of heroin and was sentenced to seven years' confinement.

We notified Smith of our jurisdictional concerns, but he did not respond. See Tex. R. App. P. 44.3. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3.

/s/ Lee Gabriel

LEE GABRIEL

JUSTICE PANEL: GABRIEL, KERR, and PITTMAN, JJ. DELIVERED: February 15, 2018


Summaries of

Smith v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Feb 15, 2018
NO. 02-18-00008-CV (Tex. App. Feb. 15, 2018)
Case details for

Smith v. State

Case Details

Full title:DAVID WAYNE SMITH APPELLANT v. STATE OF TEXAS, THOMAS A. WILDER, SHAREN…

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Feb 15, 2018

Citations

NO. 02-18-00008-CV (Tex. App. Feb. 15, 2018)