Court of Civil Appeals of Texas, 2024

Tholonaus Darrell Pomier v. Dow Chemical Company Brandsafway LLC, All American Screen, LLC Marcelo Investments, Inc. (DISA) and University MRO. LLC

Tholonaus Darrell Pomier v. Dow Chemical Company Brandsafway LLC, All American Screen, LLC Marcelo Investments, Inc. (DISA) and University MRO. LLC
Court of Civil Appeals of Texas · Decided October 24, 2024

Tholonaus Darrell Pomier v. Dow Chemical Company Brandsafway LLC, All American Screen, LLC Marcelo Investments, Inc. (DISA) and University MRO. LLC

Opinion

Dismissed and Memorandum Opinion filed October 24, 2024

In The Fourteenth Court of Appeals NO. 14-24-00637-CV THOLONAUS DARRELL POMIER, Appellant V. DOW CHEMICAL COMPANY; BRANDSAFWAY LLC; ALL AMERICAN SCREEN, LLC; MARCELO INVESTMENTS, INC. (DISA); AND UNIVERSITY MRO. LLC, Appellees On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 126026-CV MEMORANDUM OPINION This is an attempted appeal from an order signed August 26, 2024.

Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). The August 26, 2024 order dismissing appellee Dow Chemical Company from the underlying suit did not dispose of the other defendants. When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).

On September 16, 2024, notification was transmitted to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal within 10 days.

See Tex. R. App. P. 42.3(a). Appellant’s response does not demonstrate that this court has jurisdiction over the appeal.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilson.

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