James D. Strachan and James G. Strachan v. Solum Engineering, Inc.

• Court: Court of Appeals of Texas
• Decided: October 28, 2010
• Docket: 14-10-00804-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 28, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00804-CV

JAMES D. STRACHAN AND JAMES G. STRACHAN, Appellants

V.

SOLUM ENGINEERING, INC., Appellee

On Appeal from the 434th District Court

Fort Bend County, Texas

Trial Court Cause No. 05-CV-146261

M E M O R A N D U M  O P I N I O N

This is an attempted appeal from orders signed July 22, 2010 and August 5, 2010.  The clerk’s record was filed on September 16, 2010. 

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).  The orders appellants attempt to appeal are an order denying objections and a motion to vacate the court’s prior ruling, an order denying appellants’ motion to reconsider a previous ruling, an order denying appellant, James D. Strachan’s motion to reconsider sanctions, and an order granting attorneys fees and court costs caused by a tertiary recusal motion.

On September 20, 2010, 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 October 1, 2010.  See Tex. R. App. P. 42.3(a).

            Appellants filed a motion to extend time to file their brief, but failed to demonstrate that this court has jurisdiction over the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Brown.