Michael Kennedy v. Turner Industries Group, LLC

• Court: Court of Appeals of Texas
• Decided: January 15, 2009
• Docket: 14-08-01042-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 15, 2009

Dismissed and Memorandum Opinion filed January 15, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-01042-CV

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MICHAEL KENNEDY, Appellant

V.

TURNER INDUSTRIES GROUP, LLC, Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2008-55576

M E M O R A N D U M  O P I N I O N

Appellant filed a notice of appeal on October 13, 2008, and this appeal was assigned to this Court.  On December 10, 2008, appellant filed a motion to abate the appeal.  In his motion, appellant asserts that the underlying case was not dismissed and he erroneously filed a notice of appeal.  He asks that the appeal be abated until a final order has been entered.

According to appellant=s motion, no final judgment or other appealable order has been signed.  Therefore, this Court lacks jurisdiction over the attempted appeal.  Generally, appeals may be taken only from final judgments.  Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  Interlocutory orders may be appealed only if permitted by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). 

On December 18, 2008, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before January 5, 2009.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed and appellant=s motion to abate is denied.

PER CURIAM

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