Opinion issued January 26, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00812-CV
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LUIS ESTRADA, Appellant
V.
MARIA AMPARO GRIMALDO DE ESTRADA AND BRENDA JOYCE
ESTRADA, Appellees
On Appeal from the Probate Court No. 1
Harris County, Texas
Trial Court Case No. 414,929-401
MEMORANDUM OPINION
Appellant is attempting to appeal a judgment, signed July 31, 2015. Because
appellant is attempting to appeal an interlocutory order in the absence of statutory
authority to do so, we dismiss for lack of jurisdiction.
The clerk’s record indicates the order signed on July 31, 2015, grants
summary judgment to appellees, Maria Amparo Grimaldo de Estrada and Brenda
Joyce Estrada, on all of appellant, Luis Estrada’s, causes of action, but it does not
adjudicate the counterclaim filed by appellees, Maria Amparo Grimaldo de Estrada
and Brenda Joyce Estrada. The order is entitled, “INTERLOCUTORY
SUMMARY JUDGMENT.” Also, this order does not contain language indicating
it is a final judgment and that the trial judge intended to adjudicate all claims. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). We have
jurisdiction to hear an interlocutory appeal only if authorized by statute. See TEX.
CIV. PRAC. & REM. CODE ANN. § 51.014 (West 2008); Stary v. DeBord, 967
S.W.2d 352, 352–53 (Tex. 1998). The July 31, 2015 order is not one for which an
interlocutory appeal is statutorily authorized.
On October 15, 2015, this Court issued a notice to Luis Estrada, advising
him that we would dismiss the appeal for want of jurisdiction unless Estrada filed a
response on or before October 26, 2015 establishing that this court had jurisdiction.
No response was received.
Accordingly, we dismiss this appeal for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Massengale and Brown.
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