Court of Civil Appeals of Texas, 2009

James Charles Smith v. Arthur J. Wood

James Charles Smith v. Arthur J. Wood
Court of Civil Appeals of Texas · Decided August 27, 2009

James Charles Smith v. Arthur J. Wood

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-09-00327-CV

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JAMES CHARLES SMITH, Appellant



V.



ARTHUR J. WOOD, ET AL., Appellees


On Appeal from the 411th District Court

Polk County, Texas

Trial Cause No. CIV24,101




MEMORANDUM OPINION


James Charles Smith filed a notice of appeal from the trial court's order denying Smith to intervene in a suit filed by Charles Ray Mason. (1) Smith, an inmate confined in the Polunsky Unit, resides in the county of the suit. An order dismissing or striking a petition in intervention may not be appealed by the intervenor before rendition of a final judgment. Metromedia Long Distance, Inc. v. Hughes, 810 S.W.2d 494, 499 (Tex. App.--San Antonio 1991, writ denied). Smith has not identified a statute that authorizes an interlocutory appeal under these circumstances. Accordingly, we dismiss the appeal.

APPEAL DISMISSED.





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STEVE McKEITHEN

Chief Justice





Opinion Delivered August 27, 2009



Before McKeithen, C.J., Kreger and Horton, JJ.

1. The trial court initially dismissed all claims by all parties. We affirmed the trial court's dismissal without prejudice of the intervention filed by Smith but reversed the dismissal with prejudice of Mason's claims and remanded the case to the trial court. See Mason v. Wood, 282 S.W.3d 189, 191 (Tex. App.--Beaumont Mar. 19, 2009, no pet.). Smith then filed another motion asking for leave to intervene. The trial court signed two somewhat contradictory orders in the same day. Because we lack jurisdiction over this appeal, we do not determine Smith's status as a party.

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