Charles A. Lopez v. John A. Rupert

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00111-CV

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CHARLES A. LOPEZ, Appellant

V.

JOHN A. RUPERT, ET AL., Appellees

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On Appeal from the 202nd Judicial District Court

Bowie County, Texas

Trial Court No. 95C09734-202

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Charles A. Lopez seeks appellate review of a trial court's order denying Lopez' motion to amend a plaintiff's petition. The order denying Lopez' motion does not constitute a final order of the case. Lopez' appeal, therefore, amounts to the appeal of an interlocutory order. See Black's Law Dictionary 832 (8th ed. 2004).

            This Court has jurisdiction over appeals from interlocutory orders only in limited circumstances. See Tex. R. App. P. 28.1; Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon Supp. 2004–2005). The appeal of a trial court's denial of a motion to amend a plaintiff's petition is not an interlocutory order over which this Court has been granted jurisdiction. Thus, to the extent Lopez now seeks appellate review of the trial court's denial of his motion to amend his original petition, this Court lacks such jurisdiction. Accordingly, we dismiss this appeal.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          September 12, 2005

Date Decided:             October 7, 2005