Guamnetta M. Briggs v. Bank of America, N.A., and Federal National Mortgage Association

Opinion issued March 31, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00262-CV ——————————— GUAMNETTA M. BRIGGS, Appellant V. BANK OF AMERICA, N.A. AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellees On Appeal from the 131st District Court Bexar County, Texas Trial Court Case No. 2010-CI-13120 MEMORANDUM OPINION Appellant, Guamnetta M. Briggs, filed a notice of appeal from the trial court’s interlocutory order granting the motion to strike Briggs’ summary judgment evidence filed by appellees, Bank of America, N.A. and Federal National Mortgage Association. 1 Texas appellate courts only have jurisdiction to review final judgments, and interlocutory orders are appealable only if specified by statute. See Bison Bldg. Materials, Ltd. v. Aldridge, 422 S.W.3d 582, 585 (Tex. 2012); Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998). Here, the trial court’s order granting the appellees’ motion to strike is not final, as the record reflects that all claims, including the appellees’ motion for summary judgment, remain pending. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). And no statute allows for an interlocutory appeal in this case. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (Vernon 2015); Stary, 967 S.W.2d at 352–53. On January 8, 2015, we notified the parties that we may dismiss the appeal for want of jurisdiction unless the appellant filed a response demonstrating that this Court has jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a), 43.2(f). No response was filed. Accordingly, we dismiss the appeal for want of jurisdiction. See id. We further grant the appellees’ motion to expedite the issuance of the mandate and 1 The Texas Supreme Court transferred this appeal from the Fourth Court of Appeals to this Court pursuant to its docket equalization powers. See TEX. GOV’T CODE ANN. § 73.001 (Vernon 2013). 2 direct the Clerk of this Court to issue the mandate immediately. See TEX. R. APP. P. 18.1(c). We dismiss all remaining pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Bland, and Massengale. 3