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Olivares v. State Farm Bank

Fourth Court of Appeals San Antonio, Texas
Mar 28, 2014
No. 04-14-00143-CV (Tex. App. Mar. 28, 2014)

Opinion

No. 04-14-00143-CV

03-28-2014

Dennis OLIVARES, Appellant v. STATE FARM BANK & Rausch, Sturm, Et al., Appellees


From the County Court at Law No. 2, Bexar County, Texas

Trial Court No. 370251

Honorable Jason Pulliam, Judge Presiding


ORDER

Pending before the court is appellant's motion to stay proceedings in the trial court. Appellee did not file a response to appellant's motion.

The clerk's record is not due to be filed in this appeal until June 2, 2014; however, based on the statements made in appellant's motion, this court questions whether a final judgment or appealable order has been entered in the underlying cause over which this court would have jurisdiction. In appellant's notice of appeal, he states the appeal is from two interlocutory orders, one of which has not been signed; however, appellant provides no detail explaining the basis on which this court would have jurisdiction over the interlocutory orders. Appellant attaches an order granting leave to file late discovery to his docketing statement; however, an interlocutory appeal from such an order is not authorized by statute. See Tex. A&M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840 (Tex. 2007) (holding appellate courts have jurisdiction to consider interlocutory orders only if statute explicitly provides such jurisdiction). It is therefore ORDERED that appellant show cause in writing no later than fifteen days from the date of this order why this appeal should not be dismissed for lack of jurisdiction. TEX. R. APP. P. 42.3.

__________

Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of March, 2014.

__________

Keith E. Hottle

Clerk of Court


Summaries of

Olivares v. State Farm Bank

Fourth Court of Appeals San Antonio, Texas
Mar 28, 2014
No. 04-14-00143-CV (Tex. App. Mar. 28, 2014)
Case details for

Olivares v. State Farm Bank

Case Details

Full title:Dennis OLIVARES, Appellant v. STATE FARM BANK & Rausch, Sturm, Et al.…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 28, 2014

Citations

No. 04-14-00143-CV (Tex. App. Mar. 28, 2014)