Court of Civil Appeals of Texas, 2023

Jesus Rodriguez v. State Farm Mutual Automobile Insurance Company, Nistico, Crouch & Kessler, P.C., Michael L. Tipsord, Gustavo Hernandez, Diana K. Barnes and Copart Corporation

Jesus Rodriguez v. State Farm Mutual Automobile Insurance Company, Nistico, Crouch & Kessler, P.C., Michael L. Tipsord, Gustavo Hernandez, Diana K. Barnes and Copart Corporation
Court of Civil Appeals of Texas · Decided August 30, 2023

Jesus Rodriguez v. State Farm Mutual Automobile Insurance Company, Nistico, Crouch & Kessler, P.C., Michael L. Tipsord, Gustavo Hernandez, Diana K. Barnes and Copart Corporation

Opinion

IN THE TENTH COURT OF APPEALS No. 10-23-00226-CV JESUS RODRIGUEZ, Appellant v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, NISTICO, CROUCH & KESSLER, P.C., MICHAEL L. TIPSORD, GUSTAVO HERNANDEZ, DIANA K. BARNES AND COPART CORPORATION, Appellees

From the 12th District Court Walker County, Texas Trial Court No. 2029658

MEMORANDUM OPINION On July 28, 2023, Jesus Rodriguez filed what appears to be an appeal from the interlocutory orders that were signed on June 16, 2023, including an order denying a motion to recuse the trial court judge. However, this Court has no jurisdiction to hear an appeal from a judgment that is not final, unless there is specific statutory authority permitting an appeal before final judgment. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.012. And none of the exceptions to the rule that only final judgments can be appealed applies in this case. See id. § 51.014 (listing interlocutory orders that may be appealed before final judgment is rendered in the case); TEX. R. CIV. P. 18a(j)(1)(A) (“An order denying a motion to recuse may be reviewed only for abuse of discretion on appeal from the final judgment.”).

By letter dated August 3, 2023, the Clerk of this Court notified the parties that this appeal was subject to dismissal because it appeared that there was no final judgment.

The Clerk of the Court notified the parties that the Court may dismiss this appeal unless, within fourteen days of the date of the letter, a response was filed showing grounds for continuing the appeal.

No response has been received. Accordingly, this appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed August 30, 2023 [CV06]

Rodriguez v. State Farm Mut. Auto. Ins. Co. Page 2

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