David Scot Lynd v. Northwood MHC, L.P. D/B/A Northwood and City of Lewisville/Lewisville Police Department ( 2008 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-451-CV

DAVID SCOT LYND APPELLANT

V.

NORTHWOOD MHC, L.P., APPELLEES

D/B/A NORTHWOOD AND

CITY OF LEWISVILLE/LEWISVILLE

POLICE DEPARTMENT

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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)}

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Appellant David Scot Lynd appeals from the trial court’s order severing his claims against appellees Northwood MHC., L.P., d/b/a Northwood, the City of Lewisville, and the Lewisville Police Department from his divorce proceeding involving Lea Ailene Cox.  Both causes of action were originally filed under Cause No. 2007-50902-367.

On January 14, 2008, this court sent a letter to appellant advising him that we may lack jurisdiction over his appeal because the trial court’s “Order on Motion for Severance” did not appear to be a final, appealable order or judgment and stating that unless appellant or any party desiring to continue the appeal filed a response on or before January 24, 2008, showing grounds for continuing the appeal, we would dismiss the appeal for want of jurisdiction. ^{(footnote: 2)}  Appellant did not file a response.  

This court has jurisdiction over appeals from final judgments and certain interlocutory orders, if specifically authorized by statute. ^{(footnote: 3)}  The order from which appellant appeals is neither a final judgment nor an interlocutory order for which an appeal is authorized by statute. ^{(footnote: 4)}  Because we have no statutory authorization to review the trial court’s interlocutory order granting appellees’ motion to sever, we dismiss this appeal for want of jurisdiction. ^{(footnote: 5)}  

PER CURIAM

PANEL D:  CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED:  February 21, 2008

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

See Tex. R. App. P. 42.3(a).

3:

See Jack B. Anglin Co. v. Tipps , 842 S.W.2d 266, 272 (Tex. 1992) .

4:

See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (Vernon Supp. 2007); Jack B. Anglin Co. , 842 S.W.2d at 272 (“A final judgment is one which disposes of all legal issues between all parties.“).

5:

See Tex. R. App. P. 42.3(a), 43.2(f).