Francisco Rodriguez v. Ovation Services, LLC

Motion Granted; Appeal Dismissed and Memorandum Opinion filed May 30,
2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00165-CV

FRANCISCO RODRIGUEZ, Appellant
V.
OVATION SERVICES, LLC, Appellee

On Appeal from the 234th District Court
Harris County, Texas
Trial Court Cause No. 2021-75436

MEMORANDUM OPINION

This is an attempted appeal from a February 9. 2024 “notice of non-suit
partial dismissal” filed on February 9, 2024 by appellee Ovation Services LLC,
which resulted in a partial dismissal. Generally, appeals may be taken only from
final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
When orders do not dispose of all pending parties and claims, the orders remain
interlocutory and unappealable until final judgment is rendered unless a statutory
exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex.
2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig.
proceeding).

Appellant Francisco Rodriguez filed a notice of appeal on March 04, 2024
specifying that Rodriguez “wants to appeal [the] motion of non-suit partial
dismissal filed.” On March 15, 2024, Ovation Services filed a motion to dismiss
for want of jurisdiction.

On May 1, 2024, this court sent a notice of involuntary dismissal for want of
jurisdiction unless any party filed a response showing meritorious grounds for
continuing the appeal on or before May 15, 2024. See Tex. R. App. P. 42.3(a).
Rodriguez’s response fails to demonstrate that this court has jurisdiction over the
appeal. Accordingly, we grant Ovation Services’ motion and dismiss the appeal for
want of jurisdiction.

PER CURIAM
Panel Consists of Chief Justice Christopher and Justices Spain and Poissant.

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