Jack Markman, Trustee, Markman-Humphries, Inc., D/B/A Markman Humphries Investments, William Humphries and Brenda Gorman v. Jose Jaime Pardo and Maria Pardo

• Court: Court of Appeals of Texas
• Decided: November 5, 2009
• Docket: 14-09-00588-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00588-CV

JACK MARKMAN, TRUSTEE, MARKMAN-HUMPHRIES, INC. D/B/A MARKMAN HUMPHRIES INVESTMENTS, WILLIAM HUMPHRIES, AND BRENDA GORMAN, Appellants

V.

JOSE JAIME PARDO, AND MARIA PARDO, Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2006-20985

M E M O R A N D U M  O P I N I O N

This is an attempted interlocutory appeal from an order signed May 22, 2009.  Appellant’s notice of appeal was filed July 1, 2009.  The clerk=s record was filed on July 23, 2009. 

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).  This appeal is taken pursuant to section 51.014(d) of the Texas Practices and Remedies Code as an agreed interlocutory appeal.  However, the record does not contain a written order allowing the interlocutory appeal.  See Tex. Civ. Prac. & Rem. Code § 51.014(d) (Vernon 2008); Jethva  v. Trimurti Hospitality, Inc., No. 14-07-00367-CV, 2007 WL 1558737 (Tex. App. — Houston [14th Dist.] 2007, no pet.) (mem. op.).

            On August 3, 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 August 20, 2009.  See Tex. R. App. P. 42.3(a).  Appellants filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges, Justices Anderson and Boyce.