Jeff S. Akhtar v. the Mayor and Members of the City Council of the City of Port Neches

• Court: Court of Appeals of Texas
• Decided: September 22, 2016
• Docket: 09-16-00283-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00283-CV ____________________

JEFF S. AKHTAR, Appellant

V.

THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF PORT NECHES, Appellee _______________________________________________________________________

On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 128,630 ________________________________________________________ _____________

MEMORANDUM OPINION

Jeff S. Akhtar filed a notice of appeal after the trial court granted a motion

by The Mayor and Members of the City Council of the City of Port Neches to

dismiss claims presented in an intervenor’s petition. We questioned our jurisdiction

and invited the parties to file responses. In his response, Akhtar states that no final

judgment has been signed and the appeal was prematurely filed. See Lehmann v.

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (“A judgment is final for

1 purposes of appeal if it disposes of all pending parties and claims in the record,

except as necessary to carry out the decree.”). We dismiss the appeal for lack of

jurisdiction. See Tex. R. App. P. 42.3(a).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on September 21, 2016 Opinion Delivered September 22, 2016

Before McKeithen, C.J., Kreger and Johnson, JJ.