Guamnetta M. Briggs v. Bank of America, N.A., and Federal National Mortgage Association ( 2015 )

Opinion issued March 31, 2015
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-14-00262-CV
———————————
GUAMNETTA M. BRIGGS, Appellant
V.
BANK OF AMERICA, N.A. AND FEDERAL NATIONAL MORTGAGE
ASSOCIATION, Appellees
On Appeal from the 131st District Court
Bexar County, Texas
Trial Court Case No. 2010-CI-13120
MEMORANDUM OPINION
Appellant, Guamnetta M. Briggs, filed a notice of appeal from the trial
court’s interlocutory order granting the motion to strike Briggs’ summary
judgment evidence filed by appellees, Bank of America, N.A. and Federal National
Mortgage Association. 1
Texas appellate courts only have jurisdiction to review final judgments, and
interlocutory orders are appealable only if specified by statute. See Bison Bldg.
Materials, Ltd. v. Aldridge, 422 S.W.3d 582, 585 (Tex. 2012); Stary v. DeBord,
967 S.W.2d 352, 352–53 (Tex. 1998). Here, the trial court’s order granting the
appellees’ motion to strike is not final, as the record reflects that all claims,
including the appellees’ motion for summary judgment, remain pending. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). And no statute
allows for an interlocutory appeal in this case. See TEX. CIV. PRAC. & REM. CODE
ANN. § 51.014 (Vernon 2015); Stary, 967 S.W.2d at 352–53.
On January 8, 2015, we notified the parties that we may dismiss the appeal
for want of jurisdiction unless the appellant filed a response demonstrating that this
Court has jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a), 43.2(f). No
response was filed.
Accordingly, we dismiss the appeal for want of jurisdiction. See id. We
further grant the appellees’ motion to expedite the issuance of the mandate and
1
The Texas Supreme Court transferred this appeal from the Fourth Court of
Appeals to this Court pursuant to its docket equalization powers. See TEX. GOV’T
CODE ANN. § 73.001 (Vernon 2013).
2
direct the Clerk of this Court to issue the mandate immediately. See TEX. R. APP.
P. 18.1(c). We dismiss all remaining pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Massengale.
3