Keith Wiley v. Hocutt, Inc.

ACCEPTED
03-15-00619-CV
7321479
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/9/2015 8:57:49 PM
JEFFREY D. KYLE
CLERK
IN THE COURT OF APPEALS
THIRD DISTRICT OF TEXAS
FILED IN
3rd COURT OF APPEALS
KEITH WILEY § AUSTIN, TEXAS
§ 10/9/2015 8:57:49 PM
Plaintiff § JEFFREY D. KYLE
§ Clerk
vs. § 03-15-00619-CV
§
HOCUTT, INC. §
§
Defendant. §

DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS
INTERLOCUTORY APPEAL OF PLAINTIFF

TO THE HONORABLE JUDGE OF SAID COURT:

Comes Now, Hocutt, Inc., one of the Defendants in the above-styled case,

and files this Motion to Dismiss Interlocutory Appeal filed by Plaintiff Keith

Wiley and would should the Court the following:

I.

By Order dated September 11, 2015, the 201st District Court of Travis

County, Texas granted Defendant Hocutt, Inc.’s Traditional and No Evidence

Motion for Summary Judgment.

On or about October 1, 2015, Plaintiff Keith Wiley filed a Motion for an

Interlocutory Appeal and an Interlocutory Appeal. The Court has no Jurisdiction

for this appeal. The Motion for an Interlocutory Appeal sited Texas Rules of

Appellant Procedure 168(c) as the basis for his Motion. Defendant would assert

DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS INTERLOCUTORY APPEAL OF PLAINTIFF PAGE 1
herein that no such rule of Appellant Procedure exists and therefore Plaintiff has no

basis for the filing of his Motion.

Further, Plaintiff’s Interlocutory Appeal sites that it is filed pursuant to

Texas Civil Practice and Remedies Code 51.014; however, upon review of Civil

Practice and Remedies Code §51.014, the summary judgment granted in favor of

Defendant Hocutt, Inc. in this case does not meet any of the specific criteria set

forth in §51.014. The Court may only exercise jurisdiction over final judgments or

orders that are otherwise appealable. Lehman v. Har-Con Corp., 39 S.W.3d 191,

195, 205 (Tex. 2001).

Accordingly, Defendant herein moves the Court to deny Plaintiff’s Motion

for an Interlocutory Appeal and dismiss Plaintiff’s Interlocutory Appeal, and for

such other and further relief to which it may be justly entitled.

Respectfully submitted,

NEAL P. FLAGG, P.C.

By: /s/ Neal P. Flagg
NEAL P. FLAGG
State Bar No.: 07102500
7 Innisbrook Court
Frisco, Texas 75034
Telephone: (214) 727-9941
Facsimile: (972) 722-5307
Email: neal@nealflagglaw.com

ATTORNEY FOR DEFENDANT
HOCUTT, INC.

DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS INTERLOCUTORY APPEAL OF PLAINTIFF PAGE 2
 CERTIFICATE OF CONFERENCE

Defendant attempted to contact Plaintiff Keith Wiley to discuss the contents

of this Motion but was unsuccessful and/or unable to reach agreement about the

contents of the Motion.

/s/ Neal P. Flagg
NEAL P. FLAGG

DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS INTERLOCUTORY APPEAL OF PLAINTIFF PAGE 3
 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing has

been forwarded on this 9th day of October, 2015 to the following:

Via E-Service and Email
Keith Wiley
1714 Rutland Drive, #318
Austin, Texas 78758
Plaintiff, Pro-Se

/s/ Neal P. Flagg
NEAL P. FLAGG

DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS INTERLOCUTORY APPEAL OF PLAINTIFF PAGE 4