In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-20-00291-CV
JAMES THOMAS GREEN, APPELLANT
V.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE, ET AL., APPELLEES
On Appeal from the 126th District Court1
Travis County, Texas
Trial Court No. D-1-GN-19-008736, Honorable Jan Soifer, Presiding
November 23, 2020
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Appellant, James Thomas Green, an inmate proceeding pro se, appeals from the
trial court’s order denying his motion for partial summary judgment. We dismiss the
appeal for want of jurisdiction.
Green sued Appellees, the Texas Department of Criminal Justice and its
employees, alleging that they defamed him and violated his due process rights during his
1
Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the
Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001
(West 2013).
incarceration. Green later filed “Plaintiff’s Motion for Partial Summary Judgment,” seeking
summary judgment on his due process claims. The trial court denied the motion and this
appeal followed.
An appellate court has jurisdiction to hear an appeal from a final judgment or from
an interlocutory order made immediately appealable by statute. See Lehmann v. Har-
Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Stary v. DeBord, 967 S.W.2d 352, 352-53
(Tex. 1998) (per curiam). “[W]hen there has not been a conventional trial on the merits,
an order or judgment is not final for purposes of appeal unless it actually disposes of
every pending claim and party or unless it clearly and unequivocally states that it finally
disposes of all claims and all parties.” Lehmann, 39 S.W.3d at 205.
The trial court’s order denying Green’s motion for partial summary judgment did
not dispose of all, or any, pending claims and parties and does not include any language
purporting to be a final judgment. Further, we find no statutory authority permitting an
interlocutory appeal from this order. By letter of November 2, 2020, we notified Green
that it did not appear from the record that a final judgment or appealable order had been
issued by the trial court and directed him to show how we have jurisdiction over the
appeal. Green filed a response but has failed to demonstrate grounds for continuing the
appeal.
Because Green has not presented this Court with a final judgment or appealable
order, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
Per Curiam
2