Court of Civil Appeals of Texas, 2014

Henry Simpson v. Texas Department of Criminal Justice

Henry Simpson v. Texas Department of Criminal Justice
Court of Civil Appeals of Texas · Decided April 10, 2014

Henry Simpson v. Texas Department of Criminal Justice

Opinion

Dismissed and Memorandum Opinion filed April 10, 2014.

In The Fourteenth Court of Appeals NO. 14-14-00032-CV HENRY SIMPSON, Appellant V. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellee On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 67239I MEMORANDUM OPINION

On January 10, 2014, appellant filed a notice of appeal attempting to appeal the trial court’s order denying “Plaintiff’s Second Traditional and No Evidence Motion for Summary Judgment.” Absent certain exceptions that do not apply in this case, an appellate court does not have jurisdiction to hear denied motions for summary judgment on appeal. Ackermann v. Vordenbaum, 403 S.W.2d 362, 365 (Tex. 1966); William Marsh Rice Univ. v. Coleman, 291 S.W.3d 43, 45 (Tex. App.—Houston [14th Dist.] 2009, pet. dism’d); see also Tex. Civ. Prac. & Rem.

Code Ann. § 51.014.

On March 19, 2014, notification was transmitted to all parties of the court’s intention to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Appellant filed no response.

The appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Donovan and Brown.

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