Esteban Hurtado, et al. v. Maria De Jesus Gamez, et al.

Hurtado v. Gamez · Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg · February 3, 2011 · No. 13-10-00158-CV

Summary

The Texas Thirteenth Court of Appeals dismissed the appeal for want of jurisdiction. The court held that orders denying a plea in abatement and striking a plea in intervention were not final, appealable orders, and no statutory exception applied. The court granted the appellees’ motions to dismiss and dismissed the related motions as moot.

Holdings

  1. The court of appeals lacked jurisdiction because the orders were not final judgments and were not statutorily authorized interlocutory orders.

Questions Presented

  1. Whether the orders denying the plea in abatement and striking the plea in intervention were final, appealable orders.
  2. Whether the court of appeals had jurisdiction over the attempted appeal in the absence of a final judgment or statutory authorization for an interlocutory appeal.

Disposition

dismissed

Cases Cited (2)

  • Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001)(followed)
  • Metromedia Long Distance, Inc. v. Hughes, 810 S.W.2d 494, 499 (Tex. App.—San Antonio 1991, writ denied)(followed)

Cited In (0)

No citing cases on record yet.

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