Summary
holding interlocutory appeal unavailable for denial of motion to dismiss on forum non conveniens
Summary of this case from Rieder v. MeekerOpinion
No. 2-00-381-CV.
Delivered June 21, 2001. Rehearing Overruled July 19, 2001.
Appeal from The 67Th District Court Of Tarrant County.
Law Offices of Windle Turley, P.C., Windle Turley, Jeffrey T. Embry, and Thomas B. Cowart, Dallas, for Appellant.
Smith Moore, L.L.P., Charles H. Smith, John W. Moore, and John J. Reenan, Dallas, for Appellee.
PANEL D: CAYCE, C.J.; DAY and LIVINGSTON, JJ.
OPINION
This lawsuit involves the wrongful death and survival actions brought by appellants resulting from a helicopter crash that occurred in Colombia. On October 4, 2000, the trial court ordered appellants' suit dismissed for forum non conveniens "pending the outcome of the resolution of this dispute in the Courts of the Republic of Colombia." In its order, the trial court specifically stated that it was maintaining "continuing jurisdiction over the parties so as to assist in the resolution of any discovery disputes that may arise between the parties and for which the Colombian Courts do not provide an adequate, convenient method of resolution." See Tex. Civ. Prac. Rem. Code Ann. § 71.051(c) (Vernon Supp. 2001).
Appellants filed a notice of appeal in this court challenging the October 4, 2000 order. Appellee Bell Helicopter Textron, Inc. subsequently filed a motion to dismiss for want of jurisdiction, arguing that this court does not have jurisdiction over the October 4, 2000 order because it is not a final and appealable judgment or appealable interlocutory order.
Appellate courts can review only final and appealable judgments or interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985); N.E. ISD v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966).
The October 4, 2000 order is neither final for the purposes of appeal nor is it an appealable interlocutory order. It does not dispose of all parties and claims in the case, and there is no statute authorizing parties to appeal such orders.
Because the order is interlocutory and not a final judgment, we have no jurisdiction over this appeal. We, therefore, grant Bell Helicopter Textron, Inc.'s motion to dismiss and dismiss the appeal for want of jurisdiction.