Charles Hensley Mitchell, Jr. v. Dallas County, et al. Appeal from 14th Judicial District Court of Dallas County (memorandum opinion )
Annotate this Case
Download PDF
Dismiss and Opinion Filed February 19, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01460-CV CHARLES HENSLEY MITCHELL, JR., Appellant V. DALLAS COUNTY; CITY OF DALLAS; DALLAS INDEPENDENT SCHOOL DISTRICT; DALLAS COUNTY COMMUNITY COLLEGE DISTRICT; DALLAS COUNTY SCHOOL EQUALIZATION FUND; AND PARKLAND HOSPITAL DISTRICT, Appellees On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. TX-15-00748 MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Schenck Opinion by Justice Bridges In a letter dated December 4, 2015, the Court questioned its jurisdiction over this appeal. Specifically, there does not appear to be an appealable order. We instructed appellant to file a letter brief addressing our jurisdictional concern and gave appellee an opportunity to respond. Appellant did not file a response. This Court has jurisdiction only over appeals from final judgments and those interlocutory orders specifically authorized by statute. See Lehmann v. Har-Con Corp., 39 S.W.2d 191, 195 (Tex. 2001). A final judgment is one that disposes of all parties and all claims. See id. In the notice of appeal filed on November 30, 2015, appellant complains about the December 2, 2015 scheduled trial date because he would not be able to appear due to his incarceration. We note that, on November 24, 2015, the trial court signed an order granting a continuance until August 30, 2016. The trial court has not signed a final judgment, and an order setting a trial date is not an appealable interlocutory order. Because there is no appealable order, this Court lacks jurisdiction. See Lehmann, 39 S.W.3d at 195. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a). /David L. Bridges/ DAVID L. BRIDGES JUSTICE 151460F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHARLES HENSLEY MITCHELL, JR., Appellant No. 05-15-01460-CV On Appeal from the 14th Judicial District Court, Dallas County, Texas Trial Court Cause No. TX-15-00748. Opinion delivered by Justice Bridges. Justices Lang-Miers and Schenck participating. V. DALLAS COUNTY; CITY OF DALLAS; DALLAS INDEPENDENT SCHOOL DISTRICT; DALLAS COUNTY COMMUNITY COLLEGE DISTRICT; DALLAS COUNTY SCHOOL EQUALIZATION FUND; AND PARKLAND HOSPITAL DISTRICT, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees DALLAS COUNTY; CITY OF DALLAS; DALLAS INDEPENDENT SCHOOL DISTRICT; DALLAS COUNTY COMMUNITY COLLEGE DISTRICT; DALLAS COUNTY SCHOOL EQUALIZATION FUND; AND PARKLAND HOSPITAL DISTRICT recover their costs, if any, of this appeal from appellant CHARLES HENSLEY MITCHELL, JR. Judgment entered February 19, 2016. –3–
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.
