Cherie Allen, Appellant v. City of Fort Worth and Tarrant County District Clerk's Office, Appellees

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Court of Appeals of Texas, Fort Worth.

Cherie Allen, Appellant v. City of Fort Worth and Tarrant County District Clerk's Office, Appellees

NO. 02–15–00366–CV

Decided: January 28, 2016

PANEL:  LIVINGSTON, C.J.;  GABRIEL and SUDDERTH, JJ.

MEMORANDUM OPINION 1

Appellant Cherie Allen filed a notice of appeal from the trial court's order of abatement and transfer.  Because it appeared that the order was not a final order disposing of all claims and parties in the suit, we notified Allen that we would dismiss her appeal if she did not file a response showing grounds to continue theappeal.  See Tex.R.App. P. 42.3(a), 44.3.  Allen did not respond to our notification.  Appellee City of Fort Worth later filed a motion to dismiss Allen's appeal, and Allen responded to the motion.

A party may not appeal an interlocutory order unless authorized by statute.  See De Ayala v. Mackie, 193 S.W.3d 575, 578 (Tex.2006);  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex.2001).  The order Allen attempts to appeal is not an interlocutory order over which the legislature has given us immediate jurisdiction.  See, e.g., In re D.M.M., No. 14–14–00902–CV, 2014 WL 6679615, at *1 (Tex.App.—Houston [14th Dist.] Nov. 25, 2014, no pet.) (dismissing appeal from trial court's order transferring case from one trial court to another).  Therefore, we grant Fort Worth's motion to dismiss and dismiss the appeal for want of jurisdiction.  See Tex.R.App. P. 42.3(a), 43.2(f);  De Ayala, 193 S.W.3d at 578–79.

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

LEE GABRIEL JUSTICE