in the Interest of S.M.B., a Child ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-15-00251-CV
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IN THE INTEREST OF S.M.B., Appeal from
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A CHILD. 380th District Court
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of Collin County, Texas
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(TC # 380-51444-2008)
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MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination of whether it should
be dismissed for want of jurisdiction. Finding that the trial court’s interlocutory orders denying a
motion to transfer venue and to disqualify counsel are not appealable, we dismiss the appeal for
lack of jurisdiction.
It is well settled that appellate courts have jurisdiction over final judgments and
interlocutory orders made appealable by statute. Lehmann v. Har-Con Corporation, 39 S.W.3d
191, 195 (Tex. 2001); TEX.CIV.PRAC.&REM.CODE ANN. § 51.014 (West 2015)(authorizing
appeals from certain interlocutory orders). A final judgment is one that disposes of all pending
parties and claims. See Lehmann, 39 S.W.3d at 195. Appellant filed a notice of appeal
indicating that he is appealing the trial court’s orders denying Appellant’s motion to transfer
venue under Section 155.021 of the Texas Family Code and denying Appellant’s motion to
disqualify counsel. The Court notified Appellants that it intended to dismiss the appeal for lack
of jurisdiction because there is no final judgment and these interlocutory orders are not
appealable. In his response, Appellant focuses on whether the orders have been reduced to
writing by the trial court but that is not the critical issue. The issue is whether these interlocutory
orders are appealable. The Family Code expressly provides that an order denying transfer under
Section 155.201 is not subject to interlocutory appeal. TEX.FAM.CODE ANN. 155.204(h)(West
2014). An order denying a motion to disqualify counsel in a civil proceeding is an interlocutory
order and is subject to review only in an appeal from the final judgment. See National Western
Life Insurance Company v. Walters, 663 S.W.2d 125, 126 (Tex.App.--Austin 1983, no writ). We
therefore dismiss the appeal for want of jurisdiction.
November 3, 2015
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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