Opinion
NO. 14-16-00870-CV
06-13-2017
On Appeal from the 215th District Court Harris County, Texas
Trial Court Cause No. 2015-23016
MEMORANDUM OPINION
This is an attempted appeal from orders signed March 14, 2016, and October 10, 2016. The trial court's March 14th Order states: "[T]his Court is of the opinion that Defendant's objections to the jurisdiction of the Court, objections to venue and motion to dismiss based on improper venue and the motion to quash service should be GRANTED." The October 10th Order struck Plaintiff's Motion to Resolve the Order of March 14, 2016, and denied Plaintiff's Motion to Substitute Counsel.
Subsequent to filing its notice of appeal, appellant filed a related petition for writ of mandamus, docketed in this court as cause number 14-17-00074-CV. On March 9, 2017, we conditionally granted the petition after concluding the March 14th Order was not a final judgment. We directed the trial court to vacate its October 10th Order.
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); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). There are no statutory provisions granting the right to appeal the remaining interlocutory order at issue in this case.
On March 28, 2017, notification was transmitted to the parties of this court's intention to dismiss the instant appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before April 11, 2017. See Tex. R. App. P. 42.3(a). No response has been filed.
Accordingly, the appeal is ordered dismissed. Appellant's pending motion to consolidate the appeal with the mandamus proceeding is denied as moot.
PER CURIAM Panel consists of Justices Christopher, Jamison, and Donovan.