Boma A. Opuiyo v. Mercedes-Benz USA, L.L.C., and Mercedes-Benz of Houston Greenway

• Court: Court of Appeals of Texas
• Decided: February 26, 2009
• Docket: 14-08-00975-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 26, 2009

Dismissed and Memorandum Opinion filed February 26, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00975-CV

BOMA A. OPUIYO, Appellant

V.

MERCEDES-BENZ USA, L.L.C. and MERCEDES-BENZ OF HOUSTON GREENWAY, Appellees

On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2005-74327

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an order signed September 18, 2008.  The clerk=s record was filed on December 4, 2008. 

Generally, appeals may be taken only from final judgments.  Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  Interlocutory orders may be appealed only if permitted by statute.  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). 

On December 7, 2008, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response on or before December 31, 2008, demonstrating grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a).

Appellant filed a response on January 17, 2009.  Appellee replied to that response on January 23, 2009, asserting the appeal is interlocutory.  Appellant=s response fails to demonstrate that this court has jurisdiction over the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.