Court of Civil Appeals of Texas, 2013

Gerald Bourque, Individually and as Trustee of the Dennis and Viola Bourque...

Gerald Bourque, Individually and as Trustee of the Dennis and Viola Bourque...
Court of Civil Appeals of Texas · Decided November 14, 2013

Gerald Bourque, Individually and as Trustee of the Dennis and Viola Bourque...

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00388-CV ____________________ GERALD BOURQUE, INDIVIDUALLY AND AS TRUSTEE OF THE DENNIS AND VIOLA BOURQUE IRREVOCABLE TRUST U/A 6-18-10 AND MARILYN BOURQUE, INDIVIDUALLY, Appellants V. TERRY WOOD, Appellee _______________________________________________________ ______________ On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-193,253 ________________________________________________________ _____________ MEMORANDUM OPINION The appellants, Gerald Bourque, Individually and as Trustee of the Dennis and Viola Bourque Irrevocable Trust U/A 6-18-10 and Marilyn Bourque, Individually, filed a motion to abate the appeal or in the alternative to dismiss the appeal without prejudice. The appellee, Terry Wood, objected to abating the appeal and filed a motion to dismiss the appeal for want of jurisdiction. The parties agree that no final judgment has been signed and that the trial court’s order

granting Woods’s amended special exceptions and plea to the jurisdiction is not appealable as an accelerated appeal of the interlocutory order. Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appeal may be taken from an interlocutory order only when an appeal is authorized by statute. See Bison Bldg. Materials, Ltd. v. Aldridge, No. 06-1084, 2012 WL 3870493, at *3 (Tex. Aug. 17, 2012). We dismiss the appeal without reference to the merits. Id. APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Opinion Delivered November 14, 2013 Before McKeithen, C.J., Kreger and Horton, JJ.

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