CourtListener 10863093•Michael Shomate and Brianne Shomate v. Servis One, Inc. D/B/A BSI Financial Services
Michael Shomate and Brianne Shomate v. Servis One, Inc. D/B/A BSI Financial Services
CourtListener 10863093Txctapp921 mag 2026
Testo completo
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-26-00162-CV
__________________
MICHAEL SHOMATE AND BRIANNE SHOMATE, Appellants
V.
SERVIS ONE, INC. D/B/A BSI FINANCIAL SERVICES, Appellee
__________________________________________________________________
On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 25-08-13306
__________________________________________________________________
MEMORANDUM OPINION
Michael Shomate and Brianne Shomate filed a notice of accelerated appeal
from the trial court’s Order on Motions Related to Discovery and Abatement signed
on March 27, 2026. We questioned whether the trial court signed a final judgment
or an interlocutory order that is appealable as an accelerated appeal. The clerk’s
record has been filed, and after reviewing the record, we conclude the record does
not contain a final appealable judgment or an interlocutory order that is appealable.
1
Appellants filed a response to the Clerk’s notice, but their response failed to identify
a statute that authorizes an accelerated appeal at this time.
Generally, in civil cases, appellate courts review only final judgments and
interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001); Tex. R. App. P. 28.1. We dismiss this appeal
for want of jurisdiction. 1 See id. 42.3(a), 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on May 20, 2026
Opinion Delivered May 21, 2026
Before Golemon, C.J., Johnson and Wright, JJ.
1
We note that the Shomates separately filed a mandamus petition that the
Clerk of the Court docketed as No. 09-26-00189-CV, In re Michael A. Shomate and
Brianne K. Shomate.
2
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