Michael Shomate and Brianne Shomate v. Servis One, Inc. D/B/A BSI Financial Services

• Court: Texas Court of Appeals, 9th District (Beaumont)
• Decided: May 21, 2026
• Docket: 09-26-00162-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-26-00162-CV __________________

MICHAEL SHOMATE AND BRIANNE SHOMATE, Appellants

V.

SERVIS ONE, INC. D/B/A BSI FINANCIAL SERVICES, Appellee

__________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 25-08-13306 __________________________________________________________________

MEMORANDUM OPINION

Michael Shomate and Brianne Shomate filed a notice of accelerated appeal

from the trial court’s Order on Motions Related to Discovery and Abatement signed

on March 27, 2026. We questioned whether the trial court signed a final judgment

or an interlocutory order that is appealable as an accelerated appeal. The clerk’s

record has been filed, and after reviewing the record, we conclude the record does

not contain a final appealable judgment or an interlocutory order that is appealable.

1 Appellants filed a response to the Clerk’s notice, but their response failed to identify

a statute that authorizes an accelerated appeal at this time.

Generally, in civil cases, appellate courts review only final judgments and

interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con

Corp., 39 S.W.3d 191, 195 (Tex. 2001); Tex. R. App. P. 28.1. We dismiss this appeal

for want of jurisdiction. 1 See id. 42.3(a), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on May 20, 2026 Opinion Delivered May 21, 2026

Before Golemon, C.J., Johnson and Wright, JJ.

1 We note that the Shomates separately filed a mandamus petition that the Clerk of the Court docketed as No. 09-26-00189-CV, In re Michael A. Shomate and Brianne K. Shomate. 2