James Ramey, Sean Ramey and All Occupants v. Bank of New York

Motion Granted; Appeal Dismissed and Memorandum Opinion filed March 27, 2012 In The Fourteenth Court of Appeals NO. 14-11-00992-CV JAMES RAMEY, SEAN RAMEY AND ALL OCCUPANTS, Appellants V. BANK OF NEW YORK, Appellee On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Cause No. 860916 MEMORANDUM OPINION This is an attempted appeal from an order denying a motion to stay writ of possession. Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). The record in this appeal contains no final judgment. An order denying a motion to stay writ of possession is not a final judgment, and is not one of those appealable interlocutory orders listed in section 51.014. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014.1 On February 28, 2012, appellee filed a motion to dismiss the appeal. Appellants did not file a response. Accordingly, we dismiss the appeal. PER CURIAM Panel consists of Justices Seymore, Brown, and Boyce. 1 Certain additional appealable interlocutory orders are set forth in the Texas Family Code and Texas Probate Code, but they are not applicable to the instant order. 2