Burton Kahn v. Helvetia Asset Recovery Inc.

• Court: Court of Appeals of Texas
• Decided: January 23, 2014
• Docket: 04-14-00012-CV
• Status: Published

Opinion

Helvetia Asset Recovery

Fourth Court of Appeals San Antonio, Texas January 23, 2014

No. 04-14-00012-CV

Burton KAHN, Appellant

v.

HELVETIA ASSET RECOVERY INC., Appellee

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-18355 Honorable Karen H. Pozza, Judge Presiding

ORDER This is an interlocutory appeal. Burton Kahn has filed a notice of appeal stating the following:

Defendant Burton Kahn desires to appeal from the cause number 2013CI18355. The Court did not rule on Plaintiff being a Foreign Corporation and is Maintaining Suit Without a Certificate of Authority by the court 407th Judicial District Bexar County, Texas on December 11, 2013.

It appears from his notice of appeal that Kahn is complaining the trial court did not rule on his Motion to Show Authority at a hearing held on December 11, 2013. Thus, Kahn’s notice of appeal does not point to an appealable interlocutory order, but instead complains of a trial court’s failure to rule on a motion. We have no jurisdiction over a trial court’s failure to rule on a motion in an interlocutory appeal.

We, therefore, ORDER appellant to show cause in writing by February 7, 2014 why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.

_________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of January, 2014.

___________________________________ Keith E. Hottle Clerk of Court