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Uzzell v. McGee

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
May 22, 2008
No. 13-07-00717-CV (Tex. App. May. 22, 2008)

Opinion

No. 13-07-00717-CV

Opinion delivered and filed May 22, 2008.

On appeal from the 107th District Court of Cameron County, Texas.

Before Justices YAÑEZ, RODRIGUEZ, and VELA.


MEMORANDUM OPINION


Pro se appellant Dan Uzzell filed suit for fraud in Cameron County, Texas against appellee William T. McGee and others. After a hearing, the trial court granted McGee's motion to sever and transfer venue. In this accelerated appeal, Uzzell, by one issue, challenges the trial court's order transferring venue. Appellee contends that the trial court's order transferring venue is interlocutory and not appealable; therefore, this Court does not have jurisdiction. We agree and dismiss for want of jurisdiction.

Uzzell does not challenge the severance order.

Generally, appellate jurisdiction applies to cases in which a final judgment has been rendered, or a statute permits interlocutory appeal. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Section 15.064 of the Texas Civil Practice and Remedies Code provides that "[i]n all venue hearings, no factual proof concerning the merits of the case shall be required to establish venue. The court shall determine venue questions from the pleadings and affidavits. No interlocutory appeal shall lie from the determination." Tex. Civ. Prac. Rem. Code Ann. § 15.064(a) (Vernon 2002) (emphasis added).

In this case, the appeal is from a venue order and not a final judgment. Furthermore, the statute does not permit interlocutory appeal from a determination of venue; in fact, it prohibits interlocutory appeal. Id.; Elec. Data Sys. Corp. v. Pioneer Elecs., 68 S.W.3d 254, 257 (Tex.App.-Fort Worth 2002, no pet.) ("The legislature has provided that no interlocutory appeal is available from a trial court's determination of a venue question."). Therefore, this Court does not have jurisdiction. Accordingly, we dismiss the appeal for want of jurisdiction.


Summaries of

Uzzell v. McGee

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
May 22, 2008
No. 13-07-00717-CV (Tex. App. May. 22, 2008)
Case details for

Uzzell v. McGee

Case Details

Full title:DAN UZZELL, Appellant, v. WILLIAM T. McGEE, Appellee

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: May 22, 2008

Citations

No. 13-07-00717-CV (Tex. App. May. 22, 2008)