PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY v. STEVEN LYNN ANDERSON ELITE TOWING INC MICHELLA YOUNG AND WILLIAM YOUNG (2010)

MEMORANDUM OPINION

In this appeal, Progressive County Mutual Insurance Company challenges the trial court's order denying its motion for severance and abatement.   In response, Michella Young and William Young filed their motion to dismiss for lack of jurisdiction.   After reviewing the record, we agree with the Youngs that the complained-of order is a non-appealable interlocutory order and we dismiss for want of jurisdiction.

Appellate jurisdiction is never presumed.  Brashear v. Victoria Gardens of McKinney, L.L.C., No. 05-07-01269-CV, 2009 WL 4827862, *2 (Tex.App.-Dallas Dec. 19, 2009, n.p.h.).   If the record fails to show the propriety of appellate jurisdiction, we must dismiss.  Id. Unless one of the sources of our authority specifically authorizes an interlocutory appeal, we only have jurisdiction over an appeal taken from a final judgment.  Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001);  N.E. Indep.   Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex.1966);  see Tex. Civ. Prac. & Rem.Code Ann. § 51.014 (Vernon Supp.2008).

An order denying a motion to sever and abate is neither (1) a final judgment or (2) an interlocutory order for which an appeal is authorized by statute.   Thus, it is not appealable.   See In re Allstate Ins. Co., 232 S.W.3d 340, 342 (Tex.App.-Tyler 2007, orig. proceeding) (appeal is inadequate remedy when trial court fails to sever and abate).   We grant the Youngs's motion and dismiss for want of jurisdiction.   See Tex.R.App. P. 42.3(a).

100103F.P05

PER CURIAM