Bernardo L. Gonzalez v. Momentum Design and Construction, Inc.

Court of Appeals of Texas

Bernardo L. Gonzalez v. Momentum Design and Construction, Inc.

Court of Appeals of Texas·Decided January 24, 2019·No. 08-19-00004-CV·Published

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

§

BERNARDO L. GONZALEZ, § No. 08-19-00004-CV Appellant, § Appeal from the v. § 346th District Court

MOMENTUM DESIGN AND § of El Paso County, Texas CONSTRUCTION, INC., § (TC# 2018DCV3826)

Appellee.

§

ORDER

Pending before the Court is Appellee’s motion to dismiss the appeal for lack of jurisdiction. After reviewing Appellee’s motion and Appellant’s response, we agree with Appellant that while Section 150.002(f) of the Civil Practice and Remedies Code authorizes an interlocutory appeal from the order granting Appellee’s motion to dismiss, an interlocutory appeal is neither mandatory nor the exclusive means of appeal. Consequently, Appellant did not waive his right to appeal by waiting until the interlocutory order became final when the trial court signed the severance order. Appellee’s motion to dismiss the appeal is DENIED.

IT IS SO ORDERED this 24th day of January, 2019.

PER CURIAM

Before McClure, C.J., Rodriguez and Palafox, JJ.

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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

§

BERNARDO L. GONZALEZ, § No. 08-19-00004-CV Appellant, § Appeal from the v. § 346th District Court

MOMENTUM DESIGN AND § of El Paso County, Texas CONSTRUCTION, INC., § (TC# 2018DCV3826)

Appellee.

§

ORDER

Pending before the Court is Appellee’s motion to dismiss the appeal for lack of jurisdiction. After reviewing Appellee’s motion and Appellant’s response, we agree with Appellant that while Section 150.002(f) of the Civil Practice and Remedies Code authorizes an interlocutory appeal from the order granting Appellee’s motion to dismiss, an interlocutory appeal is neither mandatory nor the exclusive means of appeal. Consequently, Appellant did not waive his right to appeal by waiting until the interlocutory order became final when the trial court signed the severance order. Appellee’s motion to dismiss the appeal is DENIED.

IT IS SO ORDERED this 24th day of January, 2019.

PER CURIAM

Before McClure, C.J., Rodriguez and Palafox, JJ.

Bernardo L. Gonzalez v. Momentum Design and Construction, Inc., (Tex. Ct. App. 2019).

Pincite

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