Chandrakat Jethva, Ramesh Jethva, Vipul Kalani and Jagdish Hungu v. Trimurti Hospitality, Inc., Pravin Mehta and Dr. Kirit Desai

• Court: Court of Appeals of Texas
• Decided: May 31, 2007
• Docket: 14-07-00367-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 31, 2007

Dismissed and Memorandum Opinion filed May 31, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00367-CV

CHANDRAKAT JETHVA, RAMESH JETHVA, VIPUL KALANI

 and JAGDISH HINGU, Appellants

V.

TRIMURTI HOSPITALITY, INC., PRAVIN MEHTA

 and DR. KIRIT DESAI, Appellees

On Appeal from the 164th District Court

Harris County, Texas

Trial Court Cause No. 2006-11518

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a partial summary judgment signed April 16, 2007.  The clerk=s record was filed on May 7, 2007.  The record reveals that summary judgment was granted against appellants with respect to their discharge defense.  The record does not contain a judgment or order disposing of appellees= claims or appellants= counterclaims.  Nor does the record contain an order of severance.  Therefore, the April 16, 2007, order is interlocutory.

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).  No statutory provision grants the right to appeal a partial summary judgment such as this one absent consent of the parties and the trial court.  The record contains no order granting an agreed interlocutory appeal.  See Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(d) (Vernon Supp. 2007).

On May 10, 2007, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellants filed a response demonstrating grounds for continuing the appeal on or before May 23, 2007.  See Tex. R. App. P. 42.3(a). Appellants= response fails to demonstrate that this court has jurisdiction.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 31, 2007.

Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.