Author Manning II v. Merrill Lynch Appeal from 345th District Court of Travis County (memorandum opinion)
Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-22-00243-CV Author Manning II, Appellant v. Merrill Lynch, Appellee FROM THE 345TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-21-002691, THE HONORABLE JAN SOIFER, JUDGE PRESIDING MEMORANDUM OPINION Appellant Author Manning II has filed a notice of appeal seeking review of the denial of his “motion to dismiss,” which Manning filed in his suit against appellee Merrill Lynch. On July 28, 2022, the Clerk of this Court sent a letter to Manning informing him that it appeared that this Court lacked jurisdiction over this matter because this Court’s jurisdiction is limited to appeals in which there exists a final and appealable judgment or order that has been signed the trial court. See Tex. Civ. Prac. & Rem. Code § 51.014(a) (appeal from interlocutory order); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (“[T]he general rule, with a few mostly statutory exceptions, is that an appeal may be taken only from a final judgment.”); see also Tex. R. App. P. 23.1 (notice of appeal deadline calculated from date judgment or order is signed). Although Manning timely responded to the Court’s letter, he failed to address the issue of whether the appeal was from a final and appealable judgment or order. Accordingly, we dismiss this cause for want of jurisdiction. See Tex. R. App. P. 43.2(f). __________________________________________ Chari L. Kelly, Justice Before Justices Goodwin, Baker, and Kelly Dismissed for Want of Jurisdiction Filed: August 26, 2022 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
