law-DWOJ-appeal | finality requirement for regular appeals | interlocutory appeals authorized by statute
deadline for filing notice of appeal | appellate timetables deadlines |

Generally, appellate jurisdiction exists only in cases in which a final judgment has been rendered that
disposes of all issues and parties in the case. Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 268 (Tex.
1992). It is fundamental error for an appellate court to assume jurisdiction over an interlocutory appeal
when it is not expressly authorized by statute. New York Underwriters Ins. Co. v. Sanchez, 799 S.W.2d
677, 678–79 (Tex. 1990).

DISMISSAL OF ATTEMPTED APPEALS FOR WANT OF JURISDICTION (DWOJ)

In re Baker (Tex.App.- Houston [1st Dist.] Feb. 25, 2010)(Massengale) (petition dismissed for want of jurisdiction,
complainant had no standing to bring election contest)
Baker filed this original proceeding, seeking to have the name of a Republican candidate for judicial office
removed from the primary election ballot.  We dismissed the petition for writ of mandamus for want of jurisdiction.  
We now substitute this opinion for our prior memorandum opinion, explaining our conclusion that Baker has failed
to demonstrate his standing to bring this original proceeding.  
DISMISS PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Massengale     
Before Justices Jennings, Keyes and Massengale   
01-10-00022-CV  In re James A. Baker    
Election contest re: 308th District Court of Harris County

Stewart & Stevenson, L.L.C. v. Galveston Party Boats, Inc. (Tex.App.- Houston [1st Dist.] Nov. 5,2009)(Keyes)
(consolidated interlocutory appeal and petition for writ of mandamus challenging the trial court’s order denying a
motion to compel arbitration)(court of appeals dismisses the interlocutory appeal for lack of jurisdiction and
denies the petition for writ of mandamus) (no valid underlying agreement to arbitrate dispute) (FAA vs. TAA)
DISMISS APPEAL 9/5: Opinion by Justice Keyes      
Before Justices Keyes, Hanks and Bland    
01-09-00030-CV  Stewart & Stevenson, L.L.C., and MTU Detroit Diesel, Inc. v. Galveston Party Boats, Inc., and
Boat Service of Galveston    
Appeal from 405th District Court of Galveston County
Trial Court Judge:  Hon. Wayne J. Mallia

General Metal Fabricating, Inc. v. Stergiou (Tex.App.- Houston [1st Dist.] Nov. 5, 2009)(Hanks) (Court lacks
jurisdiction over this case because the order entitled "Final Judgment" in the underlying suit was, in fact,
interlocutory)(finality of judgment as prerequisite for appeal)
DISMISS APPEAL 9/5: Opinion by Justice Hanks      
Before Justices Keyes, Alcala and Hanks    
01-08-00921-CV  General Metal Fabricating, Inc., GMF Leasing, Inc., and Arnold Curry v. John Stergiou and
Main Marine Repair and Industrial Cleaning, Co.    
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle  

Melawer v. Tipton (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Sullivan)
(attempted appeal arises from a lawsuit originally filed in small claims court; dismissed for lack of appellate
jurisdiction under law in effect prior to recent enactment permitting appeal)
DISMISSED-WANT OF JURISDICTION: Opinion by Justice Sullivan     
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-00721-CV  Abraham Melawer v. Robert S. Tipton    
Appeal from County Court of Shelby County
Trial Court Judge: Judge Shelby County

Schuring v. Kingwood Horsemen's Association (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Bland)
(no jurisdiction over further appeal from eviction appeal to county court from JP court involving nonresidential
premises, here horse stall)
DISMISS APPEAL: Opinion by Justice Bland   
Before Justices Keyes, Hanks and Bland  
01-08-00760-CV  Thomas G. Schuring, Rose Schuring v. Kingwood Horsemen's Association   
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith

Bradt v. MBNA America, N.A. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam dimissal)
(ARBITRATION LAW: trial court order compelling arbitration not appealable, attempted appeal dismissed)
DISMISSED: Per Curiam  
Before Justices Brock Yates, Guzman and Sullivan
14-08-01172-CV L.T. Bradt and Joseph Rothstein v. MBNA America, N.A.
Appeal from 240th District Court of Fort Bend County

Rimkus Consulting Group, Inc. v. Concierge Care Nursing Centers, Inc. (Tex.App.- Houston [1st Dist.] Jan. 8,
2009)(Jennings)(ILA, no interlocutory appeal from order striking intervention, DWOJ)
DISMISS APPEAL: Opinion by Justice Jennings  
Before Justices Jennings, Hanks and Bland
01-08-00005-CV        Rimkus Consulting Group, Inc. v. Concierge Care Nursing Centers, Inc. and Houston
Concierge Care, L.P., et als--Appeal from 151st District Court of Harris County

Alazov . Chmeleva (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(per curiam)(default divorce, substituted service,
notice of appeal untimely, no jurisdiction to entertain appeal)
DISMISS APPEAL: Per Curiam
Before Justices Taft, Hanks and Higley
01-06-00511-CV Andrei Almazov v. Marina Chmeleva
Appeal from 310th District Court of Harris County (Hon. Lisa Millard)

Hines v. JPMorgan Chase Bank NA (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(per curiam)
(appeal from commercial eviction possession order not authorized, DWOJ)
DISMISSED: Per Curiam  
Before Justices Brock Yates, Seymore and Boyce
14-08-00707-CV Bernice H. Hines, d/b/a Krestmont Kiddie College v. JPMorgan Chase Bank, N.A.,, Et Al.
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:  Roberta Anne Lloyd

Whitmire v. Greenridge Place Apartments (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland)
(lease law, forcible detainer)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00963-CV Michael Whitmire v. Greenridge Place Apartments
Appeal from County Civil Court at Law No 4 of Harris County (Hon. Roberta A. Lloyd)   


CAUSES OF ACTION ELEMENTS | HOUSTON CASE LAW | TEXAS COURT OF APPEALS OPINIONS  

HOUSTON OPINIONS HOME PAGE