Keith Wiley v. Hocutt, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-15-00619-CV Keith Wiley, Appellant v. Hocutt, Inc., Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. D-1-GN-14-002465, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING MEMORANDUM OPINION Appellant Keith Wiley, acting pro se, filed a notice of appeal attempting to challenge an order granting summary judgment against Hocutt, Inc., one of the defendants in the underlying cause. However, that interlocutory judgment does not dispose of all parties and claims in the underlying cause and no signed severance order appears in the record. Without a final judgment or an otherwise appealable order, we may not exercise appellate jurisdiction. See Tex. Civ. Prac. & Rem. Code § 51.014; Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Cuarto Petro Corp. v. McGill Real Estate, LLC, No. 04-06-00788-CV, 2006 Tex. App. LEXIS 11023, at *1 (Tex. App.—San Antonio Dec. 27, 2006, no pet.) (mem. op.) (dismissing appeal for want of jurisdiction because trial court’s order did not dispose of all causes of action and record did not contain order of severance). On October 6, 2015, this Court requested that Wiley file a written response demonstrating this Court’s jurisdiction over his appeal. No response was filed. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). __________________________________________ Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Pemberton and Field Dismissed for Want of Jurisdiction Filed: October 30, 2015 2