Opinion
14-23-00333-CV
11-28-2023
WAYNE TRAYWICK, Appellant v. HOUSTON FREIGHTLINER, Appellee
On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 2019-84554
Panel consists of Justices Hassan, Poissant, and Wilson.
MEMORANDUM OPINION
PER CURIAM
This is an attempted appeal from an order signed April 21, 2023. In the suit underlying this appeal, the trial court granted in part and denied in part appellee's motion to dismiss with prejudice. When the trial court signed the order dismissing appellants' claims, it stated each cause of action that was being dismissed with prejudice. The trial court did not dismiss all of appellant's causes of action, namely: (1) "Houston of Freightliner was negligent causing plaintiff severe injury"; (2) and "Houston of Freightliner committed a tort of intentionally and negligently inflicting emotional distress".
Generally, appeals may be taken only from final judgments. Lehmann v. Har Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). We strictly construe statutes authorizing interlocutory appeals. Young v. Villegas, 231 S.W.3d 1, 5 (Tex. App.- Houston [14th Dist.] 2007, pet. denied). Appellant's outstanding claims render this appeal interlocutory.
On August 31, 2023, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of jurisdiction unless appellants filed a response demonstrating grounds for continuing the appeal on or before September 11, 2023. See Tex. R. App. P. 42.3(a). Neither party responded.
Accordingly, the appeal is dismissed.