Lowell Quincy Green v. Honorable Matt Johnson, City of Waco, Dectective Manuel Chavez, Officer Jason Davis, Officer Erin Newton, Officer Craig Stone, DA Abel Reyna, Brandon Luce, and Lawrence E. Johnson
10-17-00004-CV
| Tex. App. | Mar 15, 2017Background
- Appellant Lowell Quincy Green filed an original petition in the Tenth Court of Appeals under 42 U.S.C. § 1983 against a state judge, city, multiple police officers, prosecutors, and a public defender.
- Green filed the action directly in the appellate court rather than appealing from a trial-court final judgment or an authorized interlocutory order.
- The Court notified Green that it was concerned it lacked jurisdiction because no final, appealable order appeared in the record and requested a response; Green did not respond.
- The Court reviewed the record and determined Green was attempting to initiate a new § 1983 suit in the appellate court instead of pursuing an appeal from a final judgment.
- The Court concluded it lacked jurisdiction over the filing and dismissed the matter for want of jurisdiction.
- The Court ordered the Clerk to write off unpaid filing fees for this filing (without waiving the debt) under the circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate court has jurisdiction over Green’s filing | Green treated the filing as an appeal under § 1983 and sought relief in this Court | Appellees argued (and Court treated) this was not an appeal from a final or statutorily appealable interlocutory order | Court held it lacked jurisdiction and dismissed the matter for want of jurisdiction |
| Whether an appeal may proceed absent a final judgment or statutorily authorized interlocutory order | Green implicitly argued jurisdiction exists for his claims as filed in the appellate court | Appellees and precedent: appeals are limited to final judgments or authorized interlocutory appeals | Court held appeals are limited to final judgments or interlocutory orders authorized by statute (no jurisdiction here) |
| Whether the appellate court could treat the filing as the same proceedings as in trial court for jurisdictional purposes | Green did not show a pending final judgment or statutory interlocutory basis | Appellees and Court relied on precedent that appellate jurisdiction cannot extend beyond trial court jurisdiction | Court held appellate court cannot hear a new original suit; jurisdiction extends no further than the lower court |
| Handling of filing fees when a filing is dismissed for lack of jurisdiction | Green did not timely pay or justify fees; did not respond to Court’s jurisdictional notice | Court invoked rules allowing suspension/write-off in limited circumstances | Court ordered Clerk to write off unpaid filing fees from court receivables (debt not extinguished) |
Key Cases Cited
- Gregory v. Foster, 35 S.W.3d 255 (Tex. App.—Texarkana 2000) (only final decisions are appealable)
- N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893 (Tex. 1966) (appeals limited to final judgments)
- Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (appeal may be taken only from final judgment or statutorily authorized interlocutory orders)
- Aguilar v. Weber, 72 S.W.3d 729 (Tex. App.—Waco 2002) (appellate jurisdiction is limited to the jurisdiction of the lower court)
- Nabejas v. Tex. Dep’t of Pub. Safety, 972 S.W.2d 875 (Tex. App.—Corpus Christi 1998) (appellate jurisdiction of the merits extends no further than trial court jurisdiction)