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Hopkins v. Ott

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 23, 2016
NO. 03-16-00285-CV (Tex. App. Jun. 23, 2016)

Opinion

NO. 03-16-00285-CV

06-23-2016

Jermaine A. Hopkins, Appellant v. Marc Ott, City Manager and The City of Austin, Appellees


FROM THE DISTRICT COURT OF TRAVIS COUNTY, 419TH JUDICIAL DISTRICT
NO. D-1-GN-15-000927, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDINGMEMORANDUM OPINION

Appellant Jermaine A. Hopkins, acting pro se, filed a notice of appeal challenging only an order denying his motions for new trial in the underlying cause. However, that order is not independently appealable and without a final judgment or otherwise appealable order, we may not exercise appellate jurisdiction. See Tex. Civ. Prac. & Rem. Code § 51.014; Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Macklin v. SAIA Motor Freight Lines, Inc., No. 06-12-00038-CV, 2012 Tex. App. LEXIS 2748, at *1-2 (Tex. App.—Texarkana Apr. 6, 2012, no pet.) (mem. op.) (dismissing appeal for want of jurisdiction because "order denying a motion for reconsideration or motion for new trial is not a judgment, and is not independently appealable").

On April 27, 2016, this Court requested that Hopkins file a written response by May 16, 2016, demonstrating this Court's jurisdiction over his appeal. He did not file any response.

We dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

/s/_________

Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Pemberton and Bourland Dismissed for Want of Jurisdiction Filed: June 23, 2016


Summaries of

Hopkins v. Ott

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 23, 2016
NO. 03-16-00285-CV (Tex. App. Jun. 23, 2016)
Case details for

Hopkins v. Ott

Case Details

Full title:Jermaine A. Hopkins, Appellant v. Marc Ott, City Manager and The City of…

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jun 23, 2016

Citations

NO. 03-16-00285-CV (Tex. App. Jun. 23, 2016)