Elijah W. Ratcliff v. Wesley Ratcliff and John Ratcliff

• Court: Court of Appeals of Texas
• Decided: May 11, 2023
• Docket: 09-23-00081-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00081-CV __________________

ELIJAH W. RATCLIFF, Appellant

V.

WESLEY RATCLIFF AND JOHN RATCLIFF, Appellees

__________________________________________________________________

On Appeal from the 258th District Court Polk County, Texas Trial Cause No. CIV22-0073 __________________________________________________________________

MEMORANDUM OPINION

Elijah W. Ratcliff filed a notice of accelerated appeal from the trial court’s

order denying Ratcliff’s motion for summary judgment, which the trial court signed

on March 14, 2023. We questioned whether the order was a final judgment or an

interlocutory order that is appealable as an accelerated appeal. Appellant filed a

response, but his response failed to identify a statute that authorizes an accelerated

appeal in this instance.

1 Generally, in civil cases appellate courts review only final judgments and

interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con

Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appeal from an interlocutory order may

proceed as an accelerated appeal “when allowed by statute[.]” See Tex. R. App. P.

28.1. We dismiss the appeal for want of jurisdiction. See id. 42.3(a), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on May 10, 2023 Opinion Delivered May 11, 2023

Before Golemon, C.J., Horton and Johnson, JJ.