Epernay Community Association, Inc. v. Saad Shaar and Jeanette Shaar

• Court: Court of Appeals of Texas
• Decided: June 25, 2009
• Docket: 14-09-00422-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 25, 2009

Dismissed and Memorandum Opinion filed June 25, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00422-CV

EPERNAY COMMUNITY ASSOCIATION, INC., Appellant

V.

SAAD SHAAR and JEANETE SHAAR, Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2007-49806

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an order signed April 20, 2009, denying appellant=s plea in abatement.  The clerk=s record was filed on May 21, 2009.  On May 21, 2009, appellees filed a motion to dismiss the appeal for lack of jurisdiction.

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).  There is no statute permitting an appeal from the denial of a plea in abatement to join additional parties.

On June 1, 2009, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before June 11, 2009.  See Tex. R. App. P. 42.3(a).

Appellant filed no response, either to our letter or to appellees= motion to dismiss.

Appellees= motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.