Burton Kahn v. Helvetia Asset Recovery, Inc.

Fourth Court of Appeals San Antonio, Texas October 21, 2014

No. 04-14-00569-CV

Burton KAHN, Appellant

v.

HELVETIA ASSET RECOVERT, INC., Appellee

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-18355 Honorable Michael E. Mery, Judge Presiding

ORDER Appellant Burton Kahn filed a notice of appeal on August 7, 2014, stating he “desires to appeal from the Order denying Defendants for New Trial on July 21, 2014.” An order denying a motion for new trial is not independently appealable. See In re Adams, 416 S.W.3d 556, 560 (Tex. App.—Tyler 2013, no pet.) (citing State Office of Risk Mgmt. v. Berdan, 335 S.W.3d 421, 428 (Tex. App.—Corpus Christi 2011, orig. proceeding)). Rather, an appeal may generally be taken only from a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Accordingly, it appeared we lack jurisdiction over this matter. We therefore ordered appellant to file a response showing cause why this court should not dismiss this appeal for want of jurisdiction.

On October 20, 2014, appellant filed a satisfactory response establishing this court has jurisdiction over the appeal, advising he was appealing from the trial court’s June 11, 2014 final judgment and attaching a copy of same.

The clerk’s record was filed October 8, 2014, and the reporter’s record was filed October 20, 2014. Accordingly, we ORDER appellant to file his brief in this court on or before November 19, 2014.

We order the clerk of this court to serve copies of this order on appellant and all counsel.

_________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of October, 2014.

___________________________________ Keith E. Hottle Clerk of Court