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Flores v. Parra

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
May 30, 2014
No. 08-14-00078-CV (Tex. App. May. 30, 2014)

Opinion

No. 08-14-00078-CV

05-30-2014

ERIC FLORES, Appellant, v. VICTOR PARRA AND JOE SPENCER, Appellees.


Appeal from


383 rd District Court


of El Paso County, Texas


(TC # 2014DCM0606)


MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether the appeal should be dismissed for want of jurisdiction. Finding that the severance order is an interlocutory order which is not appealable, we dismiss the appeal for want of jurisdiction.

It is well settled that appellate courts have jurisdiction over final judgments, and such interlocutory orders as the Legislature deems appealable by statute. Lehmann v. Har-Con Corporation, 39 S.W.3d 191, 195 (Tex. 2001); VNA, Inc. v. Figueroa, 403 S.W.3d 480, 481-82 (Tex.App.--El Paso 2013, no pet.); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App.--El Paso 1997, no pet.); TEX.CIV.PRAC. & REM.CODE ANN. § 51.014 (West Supp. 2013)(authorizing appeals from certain interlocutory orders). The appellant, Eric Flores, is attempting to appeal a severance order. Appellant filed a petition for injunctive relief in his parents' divorce case purportedly claiming that he has an interest in his parents' property. The trial court entered an order severing Appellant's petition for injunctive relief from the divorce. The severance order is an interlocutory order and there is no statutory provision authorizing an appeal from a severance order. Accordingly, the severance order is not appealable. On March 14, 2014, the Clerk of the Court notified the parties that the Court intended to dismiss the appeal for want of jurisdiction unless any party could establish grounds for continuing the appeal. The notice required a response within ten days, but no response has been filed. We therefore dismiss the appeal for want of jurisdiction. See TEX.R.APP.P. 42.3(a).

The divorce proceeding is styled In the Matter of the Marriage of Javier Vensor Flores Senior and Cynthia Lorenza Flores (cause number 2014DCM0606). According to Appellant, the parties to the divorce are his parents.

ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.


Summaries of

Flores v. Parra

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
May 30, 2014
No. 08-14-00078-CV (Tex. App. May. 30, 2014)
Case details for

Flores v. Parra

Case Details

Full title:ERIC FLORES, Appellant, v. VICTOR PARRA AND JOE SPENCER, Appellees.

Court:COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: May 30, 2014

Citations

No. 08-14-00078-CV (Tex. App. May. 30, 2014)