Kerry Fields v. Geico Advantage Insurance Company Appeal from Co Civil Ct at Law No 2 of Harris County (memorandum opinion per curiam)
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Opinion issued November 8, 2016 In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00555-CV ——————————— KERRY FIELDS, Appellant V. GEICO ADVANTAGE INSURANCE COMPANY, Appellee On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1064743 MEMORANDUM OPINION Appellant, Kerry Fields, attempts to appeal an order denying his motion for summary judgment. Generally, the denial of a motion for summary judgment is not appealable because the order is not a final judgment. See Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 625 (Tex. 1996). We have jurisdiction to hear an interlocutory appeal only if authorized by statute. See TEX. CIV. PRAC. & REM. CODE § 51.014; Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998). Absent certain exceptions that do not apply here, an appellate court does not have jurisdiction to hear denied motions for summary judgment on appeal. Ackermann v. Vordenbaum, 403 S.W.2d 362, 365 (Tex. 1966); William Marsh Rice Univ. v. Coleman, 291 S.W.3d 43, 45 (Tex. App—Houston [14th Dist.] 2009, pet. dism’d). On October 6, 2016, the Clerk of this Court notified appellant that this appeal was subject to dismissal for want of jurisdiction unless he demonstrated that this Court has jurisdiction over this appeal. Appellant failed to respond. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Huddle. 2
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