John Wayne Charleston v. Kenneth Pate, et al--Appeal from 5th District Court of Cass County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00141-CV

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JOHN WAYNE CHARLESTON, Appellant

V.

KENNETH PATE, ET AL., Appellees

On Appeal from the Fifth Judicial District Court

Cass County, Texas

Trial Court No. 04-C-230

Before Morriss, C.J., Ross and Cornelius, *JJ.

Memorandum Opinion by Chief Justice Morriss

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*William J. Cornelius, Retired, Chief Justice, Sitting by Assignment

MEMORANDUM OPINION

John Wayne Charleston sued a number of Cass County officials, including Jack Carter, the former judge of the Fifth Judicial District Court. Charleston alleged the defendants conspired to violate his civil rights. Carter moved to dismiss the claims against him under the doctrine of judicial immunity and on the basis that Charleston had failed to comply with the requirements of Chapter 14 of the Texas Civil Practice and Remedies Code. The trial court granted Carter's motion, and Charleston appealed.

As a general rule, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). "Interlocutory orders may be appealed only if permitted by statute." Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); see generally Tex. Civ. Prac. & Rem. Code Ann. 51.014 (Vernon Supp. 2004 2005). "A final judgment is one which disposes of all legal issues between all parties." Tipps, 842 S.W.2d at 272.

The trial court's order disposes of only Charleston's claims against Carter. It does not address, nor does it attempt to address, Charleston's claims against the remaining defendants. Charleston did not move to have his claims against Carter severed, nor did he nonsuit the remaining defendants, either of which actions would have served to convert the trial court's order into a final judgment. The facts and procedural posture of this case do not permit Charleston to prosecute this interlocutory appeal pursuant to Section 51.014 of the Texas Civil Practice and Remedies Code. Braeswood Harbor Partners & Prop. Owners v. Harris County Appraisal Dist., 69 S.W.3d 251, 252 (Tex. App. Houston [1st Dist.] 2002, no pet.) (trial court's judgment did not dispose of all claims; appeal of interlocutory order dismissed for want of jurisdiction).

We dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: December 30, 2004

Date Decided: December 31, 2004