John Wayne Charleston v. Kenneth Pate

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-04-00141-CV ______________________________ 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 ____________________________________________ *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    se" Name="Medium Grid 2 Accent 1"/>          In The Court of Appeals                        Sixth Appellate District of Texas at Texarkana                                                 ______________________________                                                              No. 06-09-00182-CR                                                ______________________________                                   JEFFERY WAYNE WORTH, Appellant                                                                 V.                                      THE STATE OF TEXAS, Appellee                                                                                                                                              On Appeal from the 71st Judicial District Court                                                           Harrison County, Texas                                                         Trial Court No. 09-0128X                                                                                                                                               Before Morriss, C.J., Carter and Moseley, JJ.                                            Memorandum Opinion by Justice Moseley                                                     MEMORANDUM OPINION             Jeffery Wayne Worth appeals from his convictions by the trial court on two charges of enhanced aggravated robbery with a deadly weapon. Worth has filed a single brief, in which he raises a single issue which is common to both of his appeals. He argues that the trial court committed reversible error in failing to properly admonish him that he could face deportation if he was not a United States citizen prior to entry of his guilty plea.            We addressed this issue in detail in our opinion of this date on Worth’s appeal in cause number 06-09-00181-CR. For the reasons stated therein, we likewise conclude that error has not been shown in this case.            We affirm the judgment.                                                                            Bailey C. Moseley                                                                        Justice  Date Submitted:         February 1, 2010 Date Decided:            February 2, 2010  Do Not Publish