Michael Gray v. the Kirkwood South Committee

• Court: Court of Appeals of Texas
• Decided: September 18, 2003
• Docket: 14-03-00796-CV
• Status: Published

Opinion

Dismissed and Opinion filed September 18, 2003

Dismissed and Opinion filed September 18, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00796-CV

MICHAEL GRAY, Appellant

V.

THE KIRKWOOD SOUTH COMMITTEE, Appellee

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 03-17175

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an order signed June 25, 2003, which determined appellant to be a vexatious litigant and required him to post security within the registry of the court pursuant to Chapter 11 of the Texas Civil Practice and Remedies Code.  Appellant filed his notice of appeal on July 11, 2003.

In Texas, appeals may be taken only from final orders, unless an interlocutory appeal is permitted by statute.  See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992).  For purposes of appeal, a judgment is final if it disposes of all pending parties and claims, based on the record on appeal.  See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001).

In this case the record reflects that the order appellant seeks to appeal is not final.  In addition, there is no statutory provision permitting an interlocutory appeal of this type of order.

On August 14, 2003, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed September 18, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.