$12,370.00 U. S. Currency and Assorted Property (Destiny DawnSheree Batiste) v. The State of Texas Appeal from 172nd District Court of Jefferson County (memorandum opinion)

Annotate this Case
Download PDF
In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-17-00090-CV ________________ $12,370.00 U.S. CURRENCY AND ASSORTED PROPERTY (DESTINY DAWNSHEREE BATISTE), Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-198,429 __________________________________________________________________ MEMORANDUM OPINION On March 28, 2017, appellant Destiny DawnSheree Batiste filed a notice of appeal from the trial court’s order denying her motion to dismiss the case for lack of jurisdiction. Appellee filed a motion to dismiss the appeal for lack of jurisdiction, arguing that the trial court’s order was not a final judgment because it did not dispose of all of the live claims before the trial court. 1 “[W]hen there has not been a conventional trial on the merits, an order or judgment is not final for purposes of appeal unless it actually disposes of every pending claim and party or unless it clearly and unequivocally states that it finally disposes of all claims and all parties.” Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001). The trial court lacks jurisdiction over an interlocutory order unless a statute provides for an appeal. SJ Med. Ctr., L.L.C. v. Estahbanati, 418 S.W.3d 867, 871 (Tex. App.—Houston [14th Dist.] 2013, no pet.). According to the record, the trial court did not sign the order after a conventional trial on the merits, and the record does not clearly indicate that the trial court intended the order to dispose of the entire case. See id. The record indicates that the order is interlocutory. We conclude that the trial court’s order of March 21, 2017, is an interlocutory order. Therefore, we grant the motion and dismiss the appeal for lack of jurisdiction. APPEAL DISMISSED. ______________________________ STEVE McKEITHEN Chief Justice Submitted on May 31, 2017 Opinion Delivered June 1, 2017 Before McKeithen, C.J., Horton and Johnson, JJ. 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.