Opinion
14-24-00658-CV
12-17-2024
WILLIS FLOYD WILEY, Appellant v. HOUSTON, TEXAS ASSISTANT POLICE CHIEF KEVIN DEESE AND HOUSTON, TEXAS ASSISTANT POLICE CHIEF ERNEST GARCIA, Appellees
On Appeal from the 190th District Court Harris County, Texas Trial Court Cause No. 2024-15203.
Panel consists of Zimmerer, Spain, and Hassan, Justices.
MEMORANDUM OPINION
PER CURIAM
This is an attempted appeal from the denial of a motion for summary judgment after the case was removed to federal court and subsequently dismissed by the federal court. Appellees have filed a motion to dismiss this appeal for lack of subject-matter jurisdiction. We agree with appellees and dismiss the appeal.
On March 8, 2024, appellant filed his original petition in state court. Appellees filed a notice of removal and removed the case to federal court on June 21, 2024. On July 26, 2024, Hon. Lee H. Rosenthal entered a final judgment dismissing the case with prejudice.
Despite the removal, appellant filed a motion for summary judgment in state court on July 5, 2024. On August 9, 2024 the 190th District Court signed an order denying appellant's motion for summary judgment stating that it lacks jurisdiction to hear any motions in this case. We agree the trial court lacked jurisdiction and note that the order signed was void. Once removal is effected, "the State court shall proceed no further unless and until the case is remanded." 28 U.S.C. § 1446(d); see Meyerland Co. v. F.D.I.C., 848 S.W.2d 82, 83 (Tex. 1993) (order) (order entered after removal is void).
Accordingly, because this case was never remanded from federal court and the underlying order is void, we lack subject-matter jurisdiction over this appeal. The appeal is dismissed.