Peter Actie v. Texas Department of Criminal Justice, Cersandra D. Teague, and Keith Clendennen

• Court: Court of Appeals of Texas
• Decided: April 20, 2006
• Docket: 14-05-00927-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 20, 2006

Dismissed and Memorandum Opinion filed April 20, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00927-CV

PETER ACTIE, Appellant

V.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

CERSANDRA D. TEAGUE, AND KEITH CLENDENNEN, Appellees

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 31344

M E M O R A N D U M   O P I N I O N

Peter Actie, an inmate, filed suit against the Texas Department of Criminal Justice (TDCJ), Daniel C. Agbaroji, Cersandra D. Teague, and Keith Clendennen.  TDCJ, Teague and Clendennen moved to dismiss Actie=s claims pursuant to Chapter 14 of the Texas Civil Practice and Remedies Code.  The trial court granted the motion.

The record before this court does not reflect Actie=s suit against Agbaroji has been dismissed and no order of severance appears in the record.  The order Actie is appealing from is not a final judgment or an appealable interlocutory order.  See Street v. Honorable Second Court of Appeals, 756 S.W.2d 299, 301 (Tex. 1988) (A judgment is final for purposes of appeal if it disposes of all issues and parties in a case), and Southwest Investments Diversified, Inc. v. Estate of Mieszkuc, 171 S.W.3d 461,467 (Tex.App.‑Houston [14th Dist.] 2005, no pet.) (Absent a statutory or constitutional source of authority, our appellate jurisdiction is limited to final judgments).  In the absence of an appealable order, we lack jurisdiction of this appeal. 

Accordingly, the appeal is dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 20, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.