St. John Missionary Baptist Church, Inc. of Dallas, Texas v. Michael Rollerson and Gloria Smith Rollerson, Individually and A/N/F M.R., a Minor Child

• Court: Court of Appeals of Texas
• Decided: July 24, 2024
• Docket: 05-24-00518-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 24, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00518-CV

ST. JOHN MISSIONARY BAPTIST CHURCH, INC. OF DALLAS, TEXAS, Appellant V. MICHAEL ROLLERSON AND GLORIA SMITH ROLLERSON, INDIVIDUALLY AND A/N/F M.R., A MINOR CHILD, Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-03833

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns St. John Missionary Baptist Church, Inc. of Dallas, Texas brings this

interlocutory appeal from the denial of its plea to the jurisdiction. We questioned

our jurisdiction because it does not appear appellant is a governmental unit.

Appellant responded, conceding it is not a governmental unit, but suggesting we

should exercise jurisdiction because it concerns the doctrine of ecclesiastical

abstention. We dismiss this appeal for lack of jurisdiction. Appellate review is ordinarily limited to final judgments. Harley

Channelview Prop., LLC v. Harley Marine Gulf, LLC, 690 S.W.3d 32, 37 (Tex.

2024). This Court has jurisdiction to consider appeals of interlocutory orders only

if a statute explicitly provides appellate jurisdiction. See id.; Stary v. DeBord, 967

S.W.2d 352, 352-53 (Tex. 1998). The legislature determines, by statute, whether a

particular type of pretrial ruling is appealable before a final judgment is rendered.

Dallas County v. Alejo, 243 S.W.3d 21, 25 (Tex. App—Dallas 2007, no pet.). We

strictly construe such statutes because they are an exception to the general rule. See

Dallas County v. Wadley, 168 S.W.3d 373, 375 (Tex. App—Dallas 2005, pet.

denied).

Section 51.014(a)(8) of the Texas Civil Practices & Remedies Code provides

that a person may appeal from an interlocutory order that grants or denies a plea to

the jurisdiction by a governmental unit as that term is defined in section 101.001.

See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(8). The definition of governmental

unit contained in section 101.001 does not include a church. See id. § 101.001(3).

This Court does not have jurisdiction over interlocutory appeals from orders

denying a plea to the jurisdiction unless the plea was brought by a governmental

unit. Alejo, 243 S.W.3d at 25; Cantu Serv., Inc. v. United Freedom Assoc., Inc., 329

S.W.3d 58, 64 (Tex. App.—El Paso 2010, no pet.).

–2– Accordingly, we dismiss this interlocutory appeal.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 240518F.P05

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ST. JOHN MISSIONARY BAPTIST On Appeal from the 44th Judicial CHURCH, INC. OF DALLAS, District Court, Dallas County, Texas TEXAS, Appellant Trial Court Cause No. DC-22-03833. Opinion delivered by Chief Justice No. 05-24-00518-CV V. Burns. Justices Molberg and Pedersen, III participating. MICHAEL ROLLERSON AND GLORIA SMITH ROLLERSON, INDIVIDUALLY AND A/N/F M.R., A MINOR CHILD, Appellees

In accordance with this Court’s opinion of this date, this appeal is DISMISSED for want of jurisdiction.

It is ORDERED that appellees MICHAEL ROLLERSON AND GLORIA SMITH ROLLERSON, INDIVIDUALLY AND A/N/F M.R., A MINOR CHILD recover their costs of this appeal from appellant ST. JOHN MISSIONARY BAPTIST CHURCH, INC. OF DALLAS, TEXAS.

Judgment entered July 24, 2024

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