Opinion
No. 04-13-00643-CV
11-06-2013
Norris J. DE VOLL (Intervenor), Appellant v. Rebecca DEMONBREUN and William Dowds, Appellees
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-05169
Honorable Antonia Arteaga, Judge Presiding
ORDER
Appellant seeks to appeal an order dismissing his plea in intervention in the underlying lawsuit which was signed on August 30, 2013. It appears from the clerk's record that the August 30, 2013 order is interlocutory because the underlying proceeding out of which the order arises remains pending and no severance order appears in the record. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001) (appellate courts only have jurisdiction to review final judgments that dispose of all parties and causes of action and certain interlocutory orders identified by statute). No statute provides for an interlocutory appeal of an order dismissing or striking a petition in intervention, or denying permission to intervene. Herrera v. Tex. Dept. of Family and Protective Services, No. 04-06-00890-CV, 2007 WL 2044580, at *1 (Tex. App.—San Antonio July 18, 2007, no pet.) (mem. op.); see also Metromedia Long Distance, Inc. v. Hughes, 810 S.W.2d 494, 499 (Tex. App.—San Antonio 1991, writ denied) (noting it is settled law that an order dismissing or striking a petition in intervention may not be appealed by the intervenor before the rendition of a final judgment).
It is therefore ORDERED that appellant show cause in writing within fifteen days of the date of this order why this appeal should not be dismissed for lack of jurisdiction. The briefing schedule is suspended pending our determination of whether we have jurisdiction over this appeal.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of November, 2013.
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Keith E. Hottle
Clerk of Court