MRI Country Bend Investment Fund, L.P. and MRI River Glen Investment Fund, L.P. v. Capitol Painting & Construction, Inc.--Appeal from County Court at Law No. 3 of Tarrant County

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-174-CV MRI COUNTRY BEND INVESTMENT FUND, L.P. AND MRI RIVER GLEN INVESTMENT FUND, L.P. APPELLANTS V. CAPITOL PAINTING & CONSTRUCTION, INC. APPELLEE ------------ FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY ------------ MEMORANDUM OPINION 1 -----------Appellants MRI Country Bend Investment Fund, L.P. and MRI River Glen Investment Fund, L.P. attempt to appeal from the trial court s May 7, 2009, order denying their motion to dissolve pre-judgment writs of garnishment. Appellee Capitol Painting & Construction, Inc. moves to dismiss the appeal on the ground that the May 7 order is not an appealable interlocutory order and 1 ¦ See Tex. R. App. P. 47.4. seeks damages as the prevailing party in a frivolous appeal. 2 We dismiss the appeal for want of jurisdiction. Generally, an appeal may be taken only from a final judgment.3 Interlocutory orders are not appealable unless they fall within the exceptions provided by the legislature in section 51.014 of the civil practice and remedies code. 4 None of those exceptions apply here. Therefore, we have no jurisdiction over the appeal and must dismiss the case. 5 Accordingly, we dismiss this appeal and appellee s motion for sanctions. PER CURIAM PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ. DELIVERED: July 23, 2009 2 ¦ See Tex. R. App. P. 45 (stating in part that [i]f the court of appeals determines that an appeal is frivolous, it may . . . award each prevailing party just damages ). 3 ¦ See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). 4 ¦ Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon 2008). 5 ¦ Guajardo v. Conwell, 46 S.W.3d 862, 863 64 (Tex. 2001) (dismissal of appeal of interlocutory order); Anderson v. Long, 52 S.W.3d 385, 386 (Tex. App. Fort Worth 2001, no pet.) (same). 2

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