R2RE LLC v. David Aber Construction, LLC Appeal from County Court at Law No 6 of El Paso County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § R2RE, LLC, § Appellant, § v. DAVID ABER CONSTRUCTION, LLC, Appellee. No. 08-21-00160-CV § § Appeal from the County Court at Law No. 6 of El Paso County, Texas § (2020DCV0312) MEMORANDUM OPINION This appeal is before the Court on its own motion for determination of whether it should be dismissed for want of jurisdiction. Finding that the trial court’s interlocutory order granting a motion to disqualify counsel is not appealable, we dismiss the appeal for lack of jurisdiction. The issue is whether this interlocutory order is appealable. An appellate court has jurisdiction over interlocutory orders made appealable by statute. See Lehmann v. Har-Con Corporation, 39 S.W.3d 191, 195 (Tex. 2001); see also TEX.CIV.PRAC.&REM.CODE ANN. § 51.014. An order granting or denying a motion to disqualify counsel in a civil proceeding is an interlocutory order and is subject to review only in an appeal from a final judgment. In Interest of S.M.B., No. 08-15-00251-CV, 2015 WL 6699299, at *1 (Tex.App.—El Paso Nov. 3, 2015, no pet.)(mem. op.), citing National Western Life Insurance Company v. Walters, 663 S.W.2d 125, 126 (Tex.App.—Austin 1983, no writ). The record before us indicates the absence of a final judgment. Because this Court may only review appeals of interlocutory orders stemming from a final judgment, we dismiss the appeal for lack of jurisdiction. October 26, 2021 YVONNE T. RODRIGUEZ, Chief Justice Before Rodriguez, C.J., Palafox, and Alley, JJ. 2
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