DISMISS and Opinion Filed January 23, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01281-CV
DWIGHT BELL AND DEBORAH BELL, Appellants
V.
KAREN LYNN HARRIS, Appellee
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-00107-2014
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright
In a letter dated October 28, 2014, the Court questioned its jurisdiction over the appeal
because there did not appear to be an appealable order. At this Court’s request, appellants filed a
letter brief addressing this Court’s jurisdictional concern. Appellee did not file a response to
appellant’s jurisdictional brief.
Generally, this Court has jurisdiction only over appeals from final judgments. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that
disposes of all pending parties and claims. See id.
Appellants are appealing the trial court’s order denying their motion for summary
judgment. Generally, the denial of a motion for summary judgment is an interlocutory order not
reviewable on appeal. See Novak v. Stevens, 596 S.W.2d 848, 849 (Tex. 1980). In their
jurisdictional brief, appellants contend that this Court has jurisdiction pursuant to sections
51.014(a)(5) & (d). See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(5) & (d) (West Supp.
2014). Section 51.014(a)(5) concerns the denial of a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or employee of the state or a
political subdivision of the state. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(5). This
case does not involve an assertion of immunity. Section 51.014(d) concerns permissive appeals.
The first prerequisite to having a permissive appeal, however, is a written order from the trial
court permitting the appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d). The record
before this Court does not contain the required written order from the trial court permitting the
appeal. Finally, appellants contend in their brief that this Court has authority over this appeal
pursuant to the federal statute allowing removal of claims from state court to federal court. See
28 U.S.C. § 1441. This statute does not provide this Court with jurisdiction over this appeal.
An order denying a motion for summary judgment is an interlocutory order not
reviewable on appeal. See Novak, 596 S.W.2d at 849. Appellants have not obtained a written
order from the trial court permitting an appeal of this interlocutory order. Accordingly, we
dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
141281F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DWIGHT BELL AND DEBORAH BELL, On Appeal from the 296th Judicial District
Appellants Court, Collin County, Texas.
Trial Court Cause No. 296-00107-2014.
No. 05-14-01281-CV V. Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Stoddart,
KAREN LYNN HARRIS, Appellee participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee KAREN LYNN HARRIS recover her costs of this appeal
from appellants DWIGHT BELL AND DEBORAH BELL.
Judgment entered January 23, 2015.
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