Manuel Mendoza v. Michael Hensley, as President of Board of Directors for Texas Western Municipal Gas Company, Texas Western Municipal Gas Company and the City of Van Horn, Individually, Jointly and Severally--Appeal from 394th District Court of Culberson County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appellant,

v.

MICHAEL HENSLEY, AS PRESIDENT OF BOARD OF DIRECTORS FOR TEXAS WESTERN MUNICIPAL GAS COMPANY, TEXAS WESTERN MUNICIPAL GAS COMPANY AND THE CITY OF VAN HORN, INDIVIDUALLY, JOINTLY AND SEVERALLY,

Appellees.

No. 08-03-00195-CV

Appeal from the

394th Judicial District Court

of Culberson County, Texas

(TC#4374)

This appeal is before the Court on Appellees' motion to dismiss the appeal pursuant to Tex. R. App. P. 42.3, which states:

Under the following circumstances, on any party's motion--or on its own initiative after giving ten days' notice to all parties--the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal:

(a) for want of jurisdiction;

(b) for want of prosecution; or

(c) because the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time.

Tex. R. App. P. 42.3.

Appellant, Manuel Mendoza, attempts this interlocutory appeal from the granting of a plea to the jurisdiction by Appellees, Michael Hensley and Texas Western Municipal Gas Corporation. (1) Appellant filed a notice of accelerated appeal pursuant to "Texas Civil Practice and Remedies Code Section 6.002(a)(b)." Section 6.002 of the Civil Practice and Remedies Code does not authorize interlocutory appeals. Tex. Civ. Prac. & Rem. Code Ann. 6.002 (Vernon 1997). Section 51.014(a)(8) of the Civil Practice and Remedies Code allows interlocutory appeal of an order which "grants or denies a plea to the jurisdiction by a governmental unit." Tex. Civ. Prac. & Rem. Code Ann. 51.014(a)(8). However, even if Appellant intended to bring this interlocutory appeal under Section 51.014(a)(8), he cannot do so as neither Hensley nor Texas Western Municipal Gas Corporation is a governmental unit. Likewise, since Appellant has claims pending against the City of Van Horn, the trial court's order was not a final, appealable order as it did not dispose of all parties. Therefore, we grant Appellees' Motion to Dismiss for Want of Jurisdiction.

On June 10, 2003, this Court granted Appellant's motion to extend time to file a response to Appellees' motion to dismiss. On June 30, 2003, this Court received Appellant's Motion to Abate Plaintiff's Appeal. Appellant requested that this appeal be abated until the trial court granted his Motion to Sever Defendant City of Van Horn in order to effect a final judgment on Hensley and Texas Western Municipal Gas Corporation. We decline to do so and deny Appellant's motion to abate.

Pursuant to Tex. R. App. P. 42.3(a), we dismiss the appeal for want of jurisdiction.

September 18, 2003

_______________________________________

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

1. Appellant's claims against Appellee, the City of Van Horn, remain pending.