Richard A. Dunsmore v. The Office of State Counsel for Offenders and Rudolph Brothers, Jr., Director of SCFO

Summary

The Seventh District Court of Appeals of Texas dismissed Richard A. Dunsmore’s appeal for want of jurisdiction. The court held that an order transferring venue was neither a final judgment nor an immediately appealable interlocutory order, and that the cited venue statutes did not authorize an immediate appeal in this single-plaintiff case.

Holdings

1. The court lacked jurisdiction because the venue-transfer order was neither a final judgment nor an appealable interlocutory order.
2. Section 15.003 did not apply because Dunsmore was the only plaintiff in the suit.
3. Section 15.064(b) did not authorize an interlocutory appeal; it provides for review of venue on appeal from the trial on the merits.
4. The motion for appointment of appellate counsel was denied.

Questions Presented

1. Whether the court of appeals had jurisdiction to review immediately an interlocutory order transferring venue.
2. Whether Texas Civil Practice and Remedies Code sections 15.003 or 15.064(b) authorized an interlocutory appeal from the venue-transfer order.
3. Whether Dunsmore's motion for appointment of appellate counsel should be granted.

Disposition

dismissed