Opinion
Appellate case number: 01-19-00361-CV
11-05-2020
The Travis Law Firm, P.C. v. Allison E. Martin and Texas Workforce Commission
ORDER Trial court case number: 2017-04271 Trial court: 11th District Court of Harris County
On May 3, 2019, appellant filed its notice of appeal attempting to appeal the trial court's April 3, 2019 order, awarding attorney's fees and sanctions to appellee, Allison E. Martin. The appellate record does not reflect that the trial court dismissed the two causes of action that this Court ordered dismissed in our August 23, 2018 opinion and judgment. The record also shows that a surviving cause of action remains pending below.
Generally, a Texas appellate court has jurisdiction to hear only an appeal from a final judgment. Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). However, appellate courts have jurisdiction to consider immediate appeals of interlocutory orders if a statute explicitly provides appellate jurisdiction. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); New York Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677, 679 (Tex. 1990); see also TEX. CIV. PRAC. & REM. CODE § 51.014 (statutory list of appealable interlocutory orders). Because it appears that the record does not have a final judgment, and no statute allows for the appeal of the interlocutory order at issue here, the Court may dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
Unless appellant files a response demonstrating by citation to the law that this Court has jurisdiction of the appeal, this appeal will be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). Appellant's response, if any, is due in this Court within 14 days of the date of this Order.
It is so ORDERED. Judge's signature: /s/ Peter Kelly
[×] Acting individually [ ] Acting for the Court Date: November 5, 2020