Opinion
No. 06-17-00037-CV
05-16-2017
SANDRA JOHNSON, INDIVIDUALLY; SANDRA JOHNSON, DEPENDENT ADMINISTRATOR FOR THE ESTATE OF DAWSON E. JOHNSON, Appellant v. JASON JOHNSON; TEXARKANA COMMUNITY COLLEGE; VALIC RETIREMENT SERVICES COMPANY; ADMIN PARTNERS, LLC, Appellees
On Appeal from the 202nd District Court Bowie County, Texas
Trial Court No. 16C1072-202 Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION
Sandra Johnson, Individually and as Dependent Administrator for the Estate of Dawson E. Johnson, has attempted to appeal from a February 3, 2017, order consolidating a case pending in the 202nd Judicial District Court with a case pending in the County Court at Law of Bowie County. The issue before this Court is whether we have jurisdiction to hear the appeal. We conclude that we do not and dismiss the appeal for want of jurisdiction.
The case in the 202nd Judicial District Court was filed under cause number 16C1072-202 and was styled Sandra Johnson, et al. v. Jason Johnson, et al. The case in the County Court at Law of Bowie County was filed under cause number 41,358-CCL and was styled In the Estate of Dawson E. Johnson, et al.
Our jurisdiction, as an appellate court, is constitutional and statutory in nature. See TEX. CONST. art. V, § 6; TEX. CIV. PRAC. & REM. CODE ANN. § 51.012 (West 2015), § 51.014 (West Supp. 2016); TEX. GOV'T CODE ANN. § 22.220 (West Supp. 2016). Unless we are given specific authority over an appeal from a particular type of order, we have jurisdiction only over appeals from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A consolidation order is not a final judgment, and we can find no constitutional provision or statute that expressly authorizes an interlocutory appeal of a consolidation order. See Diaz v. Rice, Nos. 14-14-00517-CV, 14-14-00622-CV, 2014 WL 4384247, at *2 (Tex. App.—Houston [14th Dist.] Sept. 4, 2014, no pet.) (mem. op.; Carter v. Sun City Towing & Recovery, L.P., 225 S.W.3d 161, 162 (Tex. App.—El Paso 2005, no pet.); Carter v. Alliance Leasing, Inc., No. 08-05-00294-CV, 2005 WL 3326843, at *1 (Tex. App.—El Paso Dec. 8, 2005, no pet.) (mem. op.).
By letter dated April 12, 2017, we informed Johnson of this potential defect in our jurisdiction and afforded her the opportunity to demonstrate proper grounds for our retention of the appeal. Johnson filed a response in which she asserted that her appeal was authorized under Section 51.014(d) of the Texas Civil Practice and Remedies Code. Section 51.014(d) states,
(d) On a party's motion or on its own initiative, a trial court in a civil action may, by written order, permit an appeal from an order that is not otherwise appealable if:
TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d). Section 51.014(d) does not save Johnson's appeal, however, as there is no written order from the trial court permitting such appeal.(1) the order to be appealed involves a controlling question of law as to which there is a substantial ground for difference of opinion; and
(2) an immediate appeal from the order may materially advance the ultimate termination of the litigation.
In light of the foregoing, we dismiss the appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice Date Submitted: May 15, 2017
Date Decided: May 16, 2017