Odessa Tannehill and Danny Dorris v. Building & Standards Commission and the Department of Planning & Development Review of the City of Austin and the City of Austin

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN



NO. 03-00-00425-CV

Odessa Tannehill and Danny Dorris, Appellants

v.

Building & Standards Commission and the Department of Planning & Development Review of the City of Austin and the City of Austin

, Appellees





FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT

NO. 95-02353, HONORABLE FRED A. MOORE, JUDGE PRESIDING

PER CURIAM

Odessa Tannehill and Danny Dorris(1) appeal from the trial court's order denying their attempt to reinstate trial court cause number 95-02353. We will dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).

This appeal arises from a final order in district court cause number 95-02353, an action concerning an order to demolish a structure on Tannehill's property. The trial court signed its final order in 95-02353 on October 2, 1995.(2) No action taken by this Court on any appeal from any cause arising out of the demolition order has ever resulted in a remand to the trial court that would have left this cause pending in the trial court. The trial court dismissed Tannehill's attempt to reinstate cause 95-02353 because it had no jurisdiction. Similarly, we have no jurisdiction, the judgment and appeal having become final long ago. Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).



Before Chief Justice Aboussie, Justices B. A. Smith and Patterson

Dismissed for Want of Jurisdiction

Filed: September 21, 2000

Do Not Publish

1. We continue to have concerns about Dorris's status as a litigant as it is not clear that he has standing as a party. However, as Tannehill has signed the pleadings below and the notice of appeal, it appears Dorris, who is not an attorney, is trying to comply with the instructions from this Court that he may not simply represent Tannehill through a power of attorney. Odessa Tannehill and Danny Dorris v. State of Texas, County of Travis and City of Austin, No. 03-97-208-CV (Tex. App.--July 3, 1997, writ refused n.r.e.).

2. There has been a plethora of causes, appeals, and mandamus actions all arising out of that demolition order: our cause number 95-165 (district court 95-02353); 95 -722 ( 95-02353); 96-263 (95-15722); 96-293 (95-02353 & 95-15722); 96-450 (96-04321); 97-208 (county court cause 233,914); 97-280 (233, 914). None of these causes on appeal ever resulted in a remand to the trial court that would have left any pending matters; all are long since final.