Hans W. Kircher and Loring T. Kircher v. Dean Pipeline Company, Inc.

• Court: Court of Appeals of Texas
• Decided: April 11, 2019
• Docket: 13-19-00115-CV
• Status: Published

Opinion

NUMBER 13-19-00115-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

HANS W. KIRCHER AND LORING T. KIRCHER, Appellants,

v.

DEAN PIPELINE COMPANY, INC., Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 1 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Hinojosa Memorandum Opinion by Justice Hinojosa

This cause is before the Court on appellants’ motion to dismiss appeal for lack of

jurisdiction. Appellants filed an “Appeal from Commissioners’ Findings and Eminent

Domain Proceeding” with the County Court at Law Number 1 of Nueces County on March

18, 2019. Appellants state they have not filed a notice of appeal or other pleading to invoke the jurisdiction of this Court and no final judgment has been entered. It appears

the pleading was erroneously forwarded by the District Clerk as an appeal to this Court.

Appellants request this appeal be dismissed and no costs should be taxed as neither

party intended this matter to be appealed.

The Court, having considered the documents on file and appellants’ motion to

dismiss the appeal for lack of jurisdiction, is of the opinion that the motion should be

granted. See TEX. R. APP. P. 42.1(a). Appellants’ motion to dismiss is granted, and the

appeal is hereby DISMISSED. No costs will be taxed. Having dismissed the appeal at

appellants’ request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

LETICIA HINOJOSA Justice

Delivered and filed the 11th day of April, 2019.