Gerardo Ramirez v. The State of Texas--Appeal from 400th District Court of Ft. Bend County

State: Texas

Court: Texas Northern District Court

Docket No: 01-07-00504-CR

Case Date: 05/15/2008

Plaintiff: Boma A. Opuiyo

Defendant: Mercedes-Benz USA, L.L.C., and Mercedes-Benz of Houston Greenway--Appeal from 281st District Court

Preview:Dismissed and Memorandum Opinion filed February 26, 2009.

In The

Fourteenth Court of Appeals
____________ NO. 14-08-00975-CV ____________ BOMA A. OPUIYO, Appellant V. MERCEDES-BENZ USA, L.L.C. and MERCEDES-BENZ OF HOUSTON GREENWAY, Appellees

On Appeal from the 281st District Court Harris County, Texas Trial Court Cause No. 2005-74327

MEMORANDUM OPINION
This is an attempted appeal from an order signed September 18, 2008. The clerk's record was filed on December 4, 2008. Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).

On December 7, 2008, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of jurisdiction unless appellant filed a response on or before December 31, 2008, demonstrating grounds for continuing the appeal. See T EX. R. A PP. P. 42.3(a). Appellant filed a response on January 17, 2009. Appellee replied to that response on January 23, 2009, asserting the appeal is interlocutory. Appellant's response fails to demonstrate that this court has jurisdiction over the appeal. Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.

2

Download 85439.pdf