Walter Moore v. Verizon Wireless and Derrick Keys

• Court: Court of Appeals of Texas
• Decided: February 19, 2009
• Docket: 14-08-01164-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 19, 2009

Dismissed and Memorandum Opinion filed February 19, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01164-CV

WALTER MOORE, Appellant

V.

VERIZON WIRELESS AND DERRICK KEYS, Appellees

On Appeal from County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 906785

M E M O R A N D U M  O P I N I O N

This is an attempted appeal from an order signed December 3, 2008.  The clerk=s record was filed on January 9, 2009. 

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). 

The Texas Arbitration Act allows interlocutory appeals solely from orders that deny arbitration.  See Tex. Civ. Prac. & Rem. Code ' 171.098(a)(1), (2); Chambers v. O'Quinn, 242 S.W.3d 30, 31 (Tex. 2007). 

On January 12, 2009, 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 January 26, 2009.  See Tex. R. App. P. 42.3(a).  Appellant=s response fails to demonstrate that this court has jurisdiction over the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.