Matthew L. Webb v. H.E.B. Staff

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00145-CV __________________

MATTHEW L. WEBB, Appellant

V.

H.E.B. STAFF, Appellee

__________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 19-04-04688-CV __________________________________________________________________

MEMORANDUM OPINION

Appellant Matthew L. Webb filed a notice of appeal from a ruling the trial

court made on a discovery dispute between Webb and H.E.B. Staff. The trial court’s

order ruling on the dispute neither struck Webb’s pleadings nor dismissed the case.

Moreover, the merits of the dispute have not been resolved. Therefore, the trial

court’s order ruling on the discovery dispute was not appealable, since the order did

not constitute a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 1 (Tex. 2001). We also lack jurisdiction over appeals from interlocutory orders unless

a statute specifically authorizes the appeal. See, e.g., Tex. Civ. Prac. & Rem. Code

§ 51.014 (West Supp. 2018).

After Webb filed his notice of appeal, we questioned our jurisdiction over the

appeal. We also invited the parties to explain why the court had jurisdiction to

consider Webb’s appeal. See Tex. R. App. P. 42.3. Webb responded, conceding the

court has no jurisdiction to consider his appeal. He also requested that this Court

issue a mandate immediately. Since the parties have not identified a statute

authorizing Webb’s appeal, we dismiss it for lack of jurisdiction. See Lehmann, 39

S.W.3d at 195. We also direct the clerk to immediately issue the mandate.

APPEAL DISMISSED.

_________________________ HOLLIS HORTON Justice

Submitted on June 26, 2019 Opinion Delivered June 27, 2019

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