Jesus Rodriguez v. State Farm Mutual Automobile Insurance Company, Nistico, Crouch & Kessler, P.C., Michael L. Tipsord, Gustavo Hernandez, Diana K. Barnes and Copart Corporation

• Court: Court of Appeals of Texas
• Decided: August 30, 2023
• Docket: 10-23-00226-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00226-CV

JESUS RODRIGUEZ, Appellant v.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, NISTICO, CROUCH & KESSLER, P.C., MICHAEL L. TIPSORD, GUSTAVO HERNANDEZ, DIANA K. BARNES AND COPART CORPORATION, Appellees

From the 12th District Court Walker County, Texas Trial Court No. 2029658

MEMORANDUM OPINION

On July 28, 2023, Jesus Rodriguez filed what appears to be an appeal from the

interlocutory orders that were signed on June 16, 2023, including an order denying a

motion to recuse the trial court judge. However, this Court has no jurisdiction to hear an

appeal from a judgment that is not final, unless there is specific statutory authority

permitting an appeal before final judgment. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.012. And none of the exceptions to the rule that only final judgments can be appealed

applies in this case. See id. § 51.014 (listing interlocutory orders that may be appealed

before final judgment is rendered in the case); TEX. R. CIV. P. 18a(j)(1)(A) (“An order

denying a motion to recuse may be reviewed only for abuse of discretion on appeal from

the final judgment.”).

By letter dated August 3, 2023, the Clerk of this Court notified the parties that this

appeal was subject to dismissal because it appeared that there was no final judgment.

The Clerk of the Court notified the parties that the Court may dismiss this appeal unless,

within fourteen days of the date of the letter, a response was filed showing grounds for

continuing the appeal.

No response has been received. Accordingly, this appeal is dismissed for want of

jurisdiction. See TEX. R. APP. P. 42.3(a).

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed August 30, 2023 [CV06]

Rodriguez v. State Farm Mut. Auto. Ins. Co. Page 2