Oluwayemisi Adeoye and Anthony Adeoye v. Eaglewood Homeowners Association Inc.

• Court: Court of Appeals of Texas
• Decided: August 2, 2018
• Docket: 14-18-00435-CV
• Status: Published

Opinion

Appeal Dismissed and Memorandum Opinion filed August 2, 2018.

In The

Fourteenth Court of Appeals

NO. 14-18-00435-CV

OLUWAYEMISI ADEOYE AND ANTHONY ADEOYE, Appellants V. EAGLEWOOD HOMEOWNERS ASSOCIATION INC., Appellee

On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Cause No. 14-DCV-212484

MEMORANDUM OPINION

This is an attempted appeal from an order signed May 7, 2018 denying appellants’ motion to dismiss for want of prosecution. Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly provides appellate jurisdiction. CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011); Fleming & Associates, L.L.P. v. Kirklin, 497 S.W.3d 458, 460 (Tex. App.—Houston [14th Dist.] 2015, pet. denied). Because there is no specific statutory authorization, an interlocutory appeal is not permitted in this situation. See In re Conner, 458 S.W.3d 532, 535 (Tex. 2015) (granting mandamus relief after finding relator had no adequate remedy by appeal to challenge the denial of a motion to dismiss).

On June 19, 2018, 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 July 5, 2018. See Tex. R. App. P. 42.3(a). No response was filed.

Accordingly, the appeal is dismissed.

PER CURIAM

Panel consists of Justices Boyce, Christopher, and Busby.