Opinion
NO. 09-15-00363-CV
03-17-2016
STEVEN L. BAHR AND CYNTHIA L. BAHR, Appellants v. EMERALD BAY PROPERTY OWNERS ASSOCIATION, INC., Appellee
On Appeal from the 258th District Court Polk County, Texas
Trial Cause No. CIV29,248
MEMORANDUM OPINION
Steven L. Bahr and Cynthia L. Bahr appeal from an order dismissing their counterclaim for declaratory judgment and damages. They filed their claims in response to the suit filed against them by Emerald Bay Property Owners Association, Inc., in which the Association sought to enforce deed restrictions in the Bahrs' deed. In response to the Bahrs' counterclaim, the Association filed a Rule 91a motion to dismiss, asserting that the Bahrs' counterclaim had no basis in law or fact. See Tex. R. Civ. P. 91a.
The trial court granted the Association's motion to dismiss. Subsequently, the Bahrs asked the trial court to permit an appeal from the court's interlocutory ruling on their counterclaim. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d) (West Supp. 2015) (permitting trial courts to authorize appeals of matters involving a controlling question of law). However, the trial court denied the Bahrs' request to approve their filing of an interlocutory appeal.
Nonetheless, the Bahrs pursued an appeal. In their brief, the Association asserts that because the trial court refused to grant the Bahrs permission to appeal, we lack jurisdiction over the appeal. We agree with the Association that we lack jurisdiction over the appeal.
Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). However, the Legislature has authorized the appeal of approximately one dozen types of interlocutory rulings. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (West Supp. 2015). In this case, the only provision that might apply to permit the Bahrs to pursue an appeal from the interlocutory ruling on the trial court's order dismissing their counterclaim required the trial court's permission allowing the order's appeal. See id. § 51.014(d) (requiring a written order permitting the appeal of an order not otherwise appealable). Because the trial court denied the Bahrs' request seeking permission to review the order dismissing their counterclaim, we lack jurisdiction to consider their appeal. Id. Because the record shows that we lack jurisdiction to hear the appeal, the appeal is dismissed. Id.
APPEAL DISMISSED.
/s/_________
HOLLIS HORTON
Justice Submitted on December 1, 2015
Opinion Delivered March 17, 2016 Before McKeithen, C.J., Horton and Johnson, JJ.