David C. Hughes v. Angelique Gifford

• Court: Court of Appeals of Texas
• Decided: August 27, 2024
• Docket: 01-24-00144-CV
• Status: Published

Opinion

Opinion issued August 27, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00144-CV ——————————— DAVID C. HUGHES, Appellant V. ANGELIQUE GIFFORD, Appellee

On Appeal from the 309th District Court Harris County, Texas Trial Court Case No. 2022-25175

MEMORANDUM OPINION

Appellant, David C. Hughes, filed a notice of appeal attempting to appeal (1)

(1) the trial court’s February 1, 2024 order granting a continuance and (2) the trial

court’s February 7, 2024 order granting a conference hearing. We dismiss the appeal

for lack of jurisdiction. Unless authorized by statute, an order that does not dispose of all pending

parties and claims remains interlocutory and unappealable until the trial court signs

a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).

The orders appellant seeks to appeal are neither final judgments nor are they

appealable interlocutory orders. See Spivey v. Spivey, No. 01-13-00015-CV, 2013

WL 5761065, at *1 (Tex. App.—Houston [1st Dist.] Oct. 22, 2013, no pet.) (mem.

op.) (holding order setting hearing was not final, appealable order); Am. Med. Home

Health Servs., LLC v. Legacy Home Health Agency, Inc., No. 04-22-00239-CV,

2022 WL 2334557, at *1 (Tex. App.—San Antonio June 29, 2022, pet. filed) (“An

order granting a motion for continuance . . . is not a final judgment, nor is it an

appealable interlocutory order.”).

On August 6, 2024, the Clerk of this Court notified appellant that his appeal

was subject to dismissal for lack of jurisdiction unless a written response was

provided within ten days demonstrating that this Court has jurisdiction over the

appeal. See TEX. R. APP. P. 42.3(a), 43.2(f). Appellant did not adequately respond.

Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP.

P. 42.3(a), 43.2(f). Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Rivas-Molloy.