TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00809-CV
David L. Deyle, Appellant
v.
Mary Scales and Johnnie Victor Thomas, Jr., Appellees
FROM THE COUNTY COURT AT LAW OF BASTROP COUNTY
NO. 13-15889, HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant David L. Deyle filed a notice of appeal on December 6, 2018. The appeal
was from an order striking Deyle’s pleadings, “Intervention and Counterpetition to Modify
Parent-Child Relationship.” On January 16, 2019, the Clerk of this Court sent a letter informing
Deyle that it appeared this Court lacked jurisdiction over this matter because this Court’s jurisdiction
is limited to appeals in which there exists a final and appealable judgment or order. See Tex. Civ.
Prac. Rem. Code § 51.014(a) (appeal from interlocutory order); Lehmann v. Har–Con Corp.,
39 S.W.3d 191, 195 (Tex. 2001) (“[T]he general rule, with a few mostly statutory exceptions is that
an appeal may be taken only from a final judgment. A judgment is final for purposes of appeal if
it disposes of all pending parties and claims in the record, except as necessary to carry out the
decree.”). This Court is without jurisdiction to review an order by the trial court striking a petition
to intervene. The Clerk requested that Deyle file a response by January 25, 2019, asking how this
Court may exercise jurisdiction over this appeal and informing him that failure to do so would
result in the dismissal of the appeal. See Tex. R. App. P. 42.3(a).
Deyle’s amended notice of appeal and response to this Court’s letter addressed the
timeliness of appellant’s notice of appeal but failed to address the issue of whether the appeal was
from a final and appealable judgment or order. Accordingly, we dismiss this appeal for want of
jurisdiction. See Tex. R. App. P. 43.2(f).
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Triana
Dismissed for Want of Jurisdiction
Filed: February 1, 2019
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