Steven Frankoff v. Susan Norman and Michael Easton

• Court: Court of Appeals of Texas
• Decided: December 23, 2010
• Docket: 14-10-00705-CV
• Status: Published

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed December 23, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00705-CV

STEVEN FRANKOFF, Appellant

V.

SUSAN NORMAN AND MICHAEL EASTON, Appellees

On Appeal from the 157th District Court

Harris County, Texas

Trial Court Cause No. 2008-34994

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed July 14, 2010.  On September 20, 2010, appellee Susan Norman filed a motion to dismiss the appeal.  Norman asserts the order Frankoff is attempting to appeal is interlocutory because Frankoff’s claims against Michael Easton are still pending in the trial court.  

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 permitted by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).  Frankoff’s response fails to demonstrate that this court has jurisdiction over the appeal.

 Accordingly, the motion is granted and the appeal is ordered dismissed.  Further, Frankoff’s motion to consolidate and motion for ruling on jurisdiction and standing, both filed September 30, 2010, are denied.

PER CURIAM

Panel consists of Justices Seymore, Brown, and Boyce.