Court of Civil Appeals of Texas, 2014

Gilbert Carrisalez v. Carlos Benitez D/B/A Civil Judgment Enforcement Services

Gilbert Carrisalez v. Carlos Benitez D/B/A Civil Judgment Enforcement Services
Court of Civil Appeals of Texas · Decided October 2, 2014

Gilbert Carrisalez v. Carlos Benitez D/B/A Civil Judgment Enforcement Services

Opinion

Opinion issued October 2, 2014

In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00414-CV ——————————— GILBERT CARRISALEZ, Appellant V. CARLOS BENITEZ D/B/A CIVIL JUDGMENT ENFORCEMENT SERVICES, Appellee

On Appeal from the Harris County Civil Court at Law No. 2 Trial Court Case No. 867420-801

MEMORANDUM OPINION Appellant, Gilbert Carrisalez, filed a Notice of Appeal from an interlocutory order denying his motion to dissolve a writ of garnishment. Appellee, Carlos Benitez, filed a motion to dismiss the appeal for want of jurisdiction.

Texas appellate courts only have jurisdiction to review final judgments, and interlocutory orders are appealable only if specified by statute. See Bison Bldg.

Materials, Ltd. v. Aldridge, 422 S.W.3d 582, 585 (Tex. 2012); Stary v. DeBord, 967 S.W.2d 352, 352-353 (Tex. 1998). Writs of garnishment are not classified as injunctive orders, and therefore a party has no right of interlocutory appeal from an order denying a motion to dissolve a writ of garnishment. Fogel v First Republicbank Eldridge, N.A., Nos. C14-87-894-CV, A14-87-895-CV, 1987 WL 27079 (Tex. App.—Houston [14th Dist.] December 10, 1987, no writ).

The order appealed from here is not a final judgment, and no statute allows for an interlocutory appeal in this case. Id. Indeed, after Benitez moved to dismiss, Carrisalez filed a response acknowledging that we lack jurisdiction.

Accordingly, we grant appellee’s motion to dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a). We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Massengale, Brown, and Huddle.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.