John Wayne Charleston v. Kenneth Pate

CourtCourt of Appeals of Texas
DecidedDecember 31, 2004
Docket06-04-00141-CV
StatusPublished

This text of John Wayne Charleston v. Kenneth Pate (John Wayne Charleston v. Kenneth Pate) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Wayne Charleston v. Kenneth Pate, (Tex. Ct. App. 2004).

Opinion



In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana


______________________________


No. 06-04-00141-CV



JOHN WAYNE CHARLESTON, Appellant

 

V.

KENNETH PATE, ET AL., Appellees



                                              


On Appeal from the Fifth Judicial District Court

Cass County, Texas

Trial Court No. 04-C-230



                                                 



Before Morriss, C.J., Ross and Cornelius, *JJ.

Memorandum Opinion by Chief Justice Morriss


____________________________________________

*William J. Cornelius, Retired, Chief Justice, Sitting by Assignment


MEMORANDUM OPINION

            John Wayne Charleston sued a number of Cass County officials, including Jack Carter, the former judge of the Fifth Judicial District Court. Charleston alleged the defendants conspired to violate his civil rights. Carter moved to dismiss the claims against him under the doctrine of judicial immunity and on the basis that Charleston had failed to comply with the requirements of Chapter 14 of the Texas Civil Practice and Remedies Code. The trial court granted Carter's motion, and Charleston appealed.

            As a general rule, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). "Interlocutory orders may be appealed only if permitted by statute." Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); see generally Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon Supp. 2004–2005). "A final judgment is one which disposes of all legal issues between all parties." Tipps, 842 S.W.2d at 272.

            The trial court's order disposes of only Charleston's claims against Carter. It does not address, nor does it attempt to address, Charleston's claims against the remaining defendants. Charleston did not move to have his claims against Carter severed, nor did he nonsuit the remaining defendants, either of which actions would have served to convert the trial court's order into a final judgment. The facts and procedural posture of this case do not permit Charleston to prosecute this interlocutory appeal pursuant to Section 51.014 of the Texas Civil Practice and Remedies Code. Braeswood Harbor Partners & Prop. Owners v. Harris County Appraisal Dist., 69 S.W.3d 251, 252 (Tex. App.—Houston [1st Dist.] 2002, no pet.) (trial court's judgment did not dispose of all claims; appeal of interlocutory order dismissed for want of jurisdiction).

            We dismiss the appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice


Date Submitted:          December 30, 2004

Date Decided:             December 31, 2004    


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In The

  Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-09-00182-CR

                                                ______________________________

                                 JEFFERY WAYNE WORTH, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                                                                                  

                                        On Appeal from the 71st Judicial District Court

                                                           Harrison County, Texas

                                                         Trial Court No. 09-0128X

                                                                                                   

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley


                                                     MEMORANDUM  OPINION

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Related

Lehmann v. Har-Con Corp.
39 S.W.3d 191 (Texas Supreme Court, 2001)
Jack B. Anglin Co., Inc. v. Tipps
842 S.W.2d 266 (Texas Supreme Court, 1992)

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John Wayne Charleston v. Kenneth Pate, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-wayne-charleston-v-kenneth-pate-texapp-2004.