B&E Trucking, LLC v. Jackline Rollins

Fourth Court of Appeals

San Antonio, Texas July 9, 2021 No. 04-21-00189-CV B&E TRUCKING, LLC, Appellant v. Jackline ROLLINS, Appellee

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2020-CI-16578 Honorable Cathleen M. Stryker, Judge Presiding ORDER

On May 11, 2021, appellant Bill Trevino Hall filed a restricted appeal seeking to appeal “due to no service of citation to him and a resulting judgment taken against Bill Trevino Hall’s business, B & E Trucking Co.” The clerk’s record includes a final judgment which grants appellee Jackline Rollin’s default judgment against appellant B & E Trucking.

Generally, a restricted appeal is available only to parties of record, so that non-parties who have not properly intervened in the trial court lack standing to pursue an appeal of the trial court’s judgment. Gator Licensing, LLC v. Mack, No. 04-10-00610-CV, 2011 WL 3502013, at *2 (Tex. App.—San Antonio Aug. 10, 2011, no pet.) (mem. op.). Here, appellant Bill Trevino Hall was not a party of record in the trial court.

We therefore ORDER appellant Bill Trevino Hall to file by July 23, 2021, a response showing cause why his appeal should not be dismissed for lack of jurisdiction for lack of standing. If appellant Bill Trevino Hall fails to satisfactorily respond within the time provided, his appeal will be dismissed. See TEX. R. APP. P. 42.3(a), (c).

_________________________________ Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of July, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court