John Wayne Charleston v. Kenneth Pate

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-04-00141-CV

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JOHN WAYNE CHARLESTON, Appellant

 

V.

 

KENNETH PATE, ET AL., Appellees

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On Appeal from the Fifth Judicial District Court

Cass County, Texas

Trial Court No. 04-C-230

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Before Morriss, C.J., Ross and Cornelius, *JJ.

Memorandum Opinion by Chief Justice Morriss

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*William J. Cornelius, Retired, Chief Justice, Sitting by Assignment

MEMORANDUM OPINION

            John Wayne Charleston sued a number of Cass County officials, including Jack Carter, the former judge of the Fifth Judicial District Court. Charleston alleged the defendants conspired to violate his civil rights. Carter moved to dismiss the claims against him under the doctrine of judicial immunity and on the basis that Charleston had failed to comply with the requirements of Chapter 14 of the Texas Civil Practice and Remedies Code. The trial court granted Carter's motion, and Charleston appealed.

            As a general rule, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). "Interlocutory orders may be appealed only if permitted by statute." Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); see generally Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon Supp. 2004–2005). "A final judgment is one which disposes of all legal issues between all parties." Tipps, 842 S.W.2d at 272.

            The trial court's order disposes of only Charleston's claims against Carter. It does not address, nor does it attempt to address, Charleston's claims against the remaining defendants. Charleston did not move to have his claims against Carter severed, nor did he nonsuit the remaining defendants, either of which actions would have served to convert the trial court's order into a final judgment. The facts and procedural posture of this case do not permit Charleston to prosecute this interlocutory appeal pursuant to Section 51.014 of the Texas Civil Practice and Remedies Code. Braeswood Harbor Partners & Prop. Owners v. Harris County Appraisal Dist., 69 S.W.3d 251, 252 (Tex. App.—Houston [1st Dist.] 2002, no pet.) (trial court's judgment did not dispose of all claims; appeal of interlocutory order dismissed for want of jurisdiction).

            We dismiss the appeal for want of jurisdiction.

 

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          December 30, 2004

Date Decided:             December 31, 2004    

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In The

  Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-09-00182-CR

                                                ______________________________

 

 

                                 JEFFERY WAYNE WORTH, Appellant

 

                                                                V.

 

                                     THE STATE OF TEXAS, Appellee

 

 

                                                                                                  

 

 

                                        On Appeal from the 71st Judicial District Court

                                                           Harrison County, Texas

                                                         Trial Court No. 09-0128X

 

                                                                                                   

 

 

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                     MEMORANDUM  OPINION

 

            Jeffery Wayne Worth appeals from his convictions by the trial court on two charges of enhanced aggravated robbery with a deadly weapon. Worth has filed a single brief, in which he raises a single issue which is common to both of his appeals.  He argues that the trial court committed reversible error in failing to properly admonish him that he could face deportation if he was not a United States citizen prior to entry of his guilty plea.

            We addressed this issue in detail in our opinion of this date on Worth’s appeal in cause number 06-09-00181-CR.  For the reasons stated therein, we likewise conclude that error has not been shown in this case.

            We affirm the judgment.

 

 

 

 

                                                                        Bailey C. Moseley

                                                                        Justice

 

Date Submitted:          February 1, 2010

Date Decided:             February 2, 2010

 

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