James G. Strachan v. Marie J. Starich, Byron K. Barclay, Lori A. Hood, and Hon. James Shoemake (Individually and in His Capacity as Judge, 434th District Court)

• Court: Court of Appeals of Texas
• Decided: October 28, 2010
• Docket: 14-10-00806-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 28, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00803-CV

NO. 14-10-00805-CV

NO. 14-10-00806-CV

JAMES D. STRACHAN AND JAMES G. STRACHAN, Appellants

V.

BYRON K. BARCLAY, LORI A. HOOD, AND THE HONORABLE JAMES H. SHOEMAKE (INDIVIDUALLY AND IN HIS CAPACITY AS JUDGE, 434TH DISTRICT COURT), Appellees

On Appeal from the 434th District Court

Fort Bend County, Texas

Trial Court Cause Nos. 08-CV-163648, 05-DCV-146261 & 08-DCV-168631

M E M O R A N D U M  O P I N I O N

These are attempted appeals from an order signed August 5, 2010.  The clerk’s records were filed on September 14, 2010 and September 18, 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 order appellants attempt to appeal is 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 appeals for want of jurisdiction unless appellants 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.