COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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MARY CUMMINS, No. 08-16-00102-CV
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Appellant, Appeal from
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v. County Court at Law No. 3
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AMANDA LOLLAR, of Tarrant County, Texas
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Appellee. (TC # 2015-002259-3)
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MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of jurisdiction. Finding that there is no final judgment or appealable order,
we dismiss the appeal for want of jurisdiction.
Appellant’s notice of appeal indicates that she is appealing from an oral order of the trial
court on Appellant’s motion to dismiss the suit against her.1 Presumably, the trial court denied
Appellant’s motion to dismiss. It is well settled that appellate courts have jurisdiction over final
judgments and interlocutory orders made appealable by statute. Lehmann v. Har-Con
Corporation, 39 S.W.3d 191, 195 (Tex. 2001); TEX.CIV.PRAC.&REM.CODE ANN. § 51.014 (West
2015)(authorizing appeals from certain interlocutory orders). A final judgment is one that
1
In the notice of appeal, Appellant indicates that she is appealing to the Eighth Court of Appeals because the
members of the Second Court of Appeals are recused. To our knowledge, the Texas Supreme Court has not entered
an order transferring this appeal to the Eighth Court of Appeals. Further, there is no evidence Appellant has
followed the procedures set forth in TEX.R.APP.P. 16.3 for recusing a justice of a court of appeals.
disposes of all pending parties and claims. See Lehmann, 39 S.W.3d at 195. On May 27, 2016,
we gave Appellant notice of our intent to dismiss the appeal for lack of jurisdiction, but she has
not filed any response. Finding there is no final judgment or appealable order, we dismiss the
appeal for lack of jurisdiction.
August 17, 2016
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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