Ralph O. Douglas v. Geico Insurance

• Court: Court of Appeals of Texas
• Decided: July 14, 2011
• Docket: 01-10-01006-CV
• Status: Published

Opinion

Opinion issued July 14, 2011

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-01006-CV

____________

RALPH O. DOUGLAS, Appellant

V.

GEICO INSURANCE, Appellee

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Cause No. 2010-53065

MEMORANDUM OPINION

This is an attempted appeal from a trial court order staying the proceeding pending appellant’s compliance with the vexatious litigant statute.   See Tex. Civ. Prac. & Rem. Code Ann. § 11.001–.104 (West 2002).

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 authorized by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352–53 (Tex. 2001).  Appellant cites no authority, and we have found none, providing for an interlocutory appeal from an order staying a proceeding pending compliance with the vexatious litigant statute.  See generally Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (West 2008); see, e.g., Almanza v. Keller, No. 10-10-00419-CV, 2011 WL 167619, at *1–2 (Tex. App.—Waco Jan. 19, 2011, no pet.) (mem. op.) (concluding that no statutory right exists to appeal vexatious litigant order requiring cost bond).

On June 17, 2011, the Court notified the parties of its intent to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating this court’s jurisdiction on or before June 27, 2011.  See Tex. R. App. P. 42.3(a). Appellant filed a response, but it does not show grounds for continuing the appeal.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).  All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.