Court of Civil Appeals of Texas, 2023

Elijah W. Ratcliff v. Wesley Ratcliff and John Ratcliff

Elijah W. Ratcliff v. Wesley Ratcliff and John Ratcliff
Court of Civil Appeals of Texas · Decided May 11, 2023

Elijah W. Ratcliff v. Wesley Ratcliff and John Ratcliff

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00081-CV __________________ ELIJAH W. RATCLIFF, Appellant V. WESLEY RATCLIFF AND JOHN RATCLIFF, Appellees __________________________________________________________________ On Appeal from the 258th District Court Polk County, Texas Trial Cause No. CIV22-0073 __________________________________________________________________ MEMORANDUM OPINION Elijah W. Ratcliff filed a notice of accelerated appeal from the trial court’s order denying Ratcliff’s motion for summary judgment, which the trial court signed on March 14, 2023. We questioned whether the order was a final judgment or an interlocutory order that is appealable as an accelerated appeal. Appellant filed a response, but his response failed to identify a statute that authorizes an accelerated appeal in this instance.

Generally, in civil cases appellate courts review only final judgments and interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appeal from an interlocutory order may proceed as an accelerated appeal “when allowed by statute[.]” See Tex. R. App. P. 28.1. We dismiss the appeal for want of jurisdiction. See id. 42.3(a), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on May 10, 2023 Opinion Delivered May 11, 2023 Before Golemon, C.J., Horton and Johnson, JJ.

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