Wells v. Metro Fina Co.

677 S.W.2d 251, 1984 Tex. App. LEXIS 6141

• Court: Court of Appeals of Texas
• Decided: September 5, 1984
• Docket: 08-83-00352-CV
• Status: Published

Opinions

OPINION

WARD, Justice.

Appellants characterize this action as “an interlocutory appeal from an order overruling Appellants’ Plea of Privilege.” Because the appeal was not perfected until after September 1, 1983, we will dismiss the appeal for want of jurisdiction.

The Appellee filed suit on a sworn account in the 65th District Court of El Paso County; the Appellants filed their plea of privilege to be sued in the county of their residence, both actions occurring prior to September 1, 1983. A hearing was held June 9, 1983, on the plea of privilege. The order denying the Appellants’ plea was entered on October 28, 1983. Notice of Appeal was filed November 10, 1983, and a certificate of deposit of cash in lieu of cost bond was filed November 10, 1983. This is thus, a purported appeal from an order overruling a plea of privilege which was taken and perfected after September 1, 1983. No such interlocutory appeal is now permitted. Grubbs v. Mercantile Texas Corp., 668 S.W.2d 429 (Tex.App.—Eastland 1984, no writ history); Ramcon, et al. v. American Steel Building Co., Inc. 668 S.W.2d 459 (Tex.App.—El Paso 1984, no writ); Boyd v. Raymondville State Bank, 668 S.W.2d 466 (Tex.App.—Corpus Christi 1984, no writ history); Graue-Haws, Inc. v. The Honorable Lawrence Fuller, 666 S.W.2d 238 (Tex.App.—El Paso 1984, no writ); Morrison by Morrison v. Williams, 665 S.W.2d 212 (Tex.App.—San Antonio 1984, no writ history); Byrd v. Pharris, 663 S.W.2d 856 (Tex.App.—San Antonio 1983, no writ). Contra: Gonzalez v. H.E. Butt Grocery, Co., 667 S.W.2d 188 (Tex.App.—Corpus Christi 1983, no writ).

The appeal is dismissed.