Jason Millon and Brayden Millon v. Stephanie Elizabeth Minchew, Cheryl Lynne Minchew, John Edward Minchew, Sherri Lynne Lyday, Blake Justin Lyday, and Krista Lynne Guthrie

Appeal Dismissed and Memorandum Opinion filed October 15, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00650-CV

JASON MILLON AND BRAYDEN MILLON, Appellant

V.

STEPHANIE ELIZABETH MINCHEW, CHERYL LYNNE MINCHEW,
JOHN EDWARD MINCHEW, SHERRI LYNNE LYDAY, BLAKE JUSTIN
LYDAY, AND KRISTA LYNNE GUTHRIE, Appellees

On Appeal from the 113th District Court
Harris County, Texas
Trial Court Cause No. 2024-03565

MEMORANDUM OPINION

This is an attempted appeal from an order signed August 15, 2024 dismissing
claims pursuant to the Texas Citizens’ Participation Act. See Tex. Civ. Prac. & Rem.
Code Ann. § 27.003. 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).

The order at issue dismissed with prejudice some of the claims advanced by
appellants in the trial court proceeding, but not all of their claims. Moreover, the
only statute which approaches authorizing an interlocutory appeal here solely
authorizes appeals from the “deni[al of] a motion to dismiss filed under Section
27.003” of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem.
Code § 51.014(a)(12). By contrast, an order dismissing claims pursuant to the TCPA
is not immediately appealable unless it constitutes a final judgment. See Fleming &
Assocs., L.L.P. v. Kirklin, 479 S.W.3d 458, 460 (Tex. App.—Houston [14th Dist.]
2015, pet. denied). Accordingly, the trial court’s order is an interlocutory one not
subject to immediate appeal.

On September 20, 2024, notification was transmitted to the parties that the
appeal was subject to dismissal for want of jurisdiction without further notice unless
any party demonstrated this court had jurisdiction on or before September 30, 2024.
See Tex. R. App. P. 42.3(a). No response was filed.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

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