Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/9/2015 8:57:49 PM JEFFREY D. KYLE Clerk IN THE COURT OF APPEALS THIRD COURT OF APPEALS 10/9/2015 8:57:49 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00619-CV *1 ACCEPTED [7321479] CLERK THIRD DISTRICT OF TEXAS KEITH WILEY §
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Plaintiff §
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vs. § 03-15-00619-CV
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HOCUTT, INC. §
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Defendant. §
DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS
INTERLOCUTORY APPEAL OF PLAINTIFF
TO THE HONORABLE JUDGE OF SAID COURT:
Comes Now, Hocutt, Inc., one of the Defendants in the above-styled case,
and files this Motion to Dismiss Interlocutory Appeal filed by Plaintiff Keith
Wiley and would should the Court the following:
I.
By Order dated September 11, 2015, the 201 st District Court of Travis
County, Texas granted Defendant Hocutt, Inc.’s Traditional and No Evidence
Motion for Summary Judgment.
On or about October 1, 2015, Plaintiff Keith Wiley filed a Motion for an
Interlocutory Appeal and an Interlocutory Appeal. The Court has no Jurisdiction
for this appeal. The Motion for an Interlocutory Appeal sited Texas Rules of
Appellant Procedure 168(c) as the basis for his Motion. Defendant would assert
herein that no such rule of Appellant Procedure exists and therefore Plaintiff has no
basis for the filing of his Motion.
Further, Plaintiff’s Interlocutory Appeal sites that it is filed pursuant to
Texas Civil Practice and Remedies Code 51.014; however, upon review of Civil
Practice and Remedies Code §51.014, the summary judgment granted in favor of
Defendant Hocutt, Inc. in this case does not meet any of the specific criteria set
forth in §51.014. The Court may only exercise jurisdiction over final judgments or
orders that are otherwise appealable. Lehman v. Har-Con Corp. , 39 S.W.3d 191,
195, 205 (Tex. 2001).
Accordingly, Defendant herein moves the Court to deny Plaintiff’s Motion
for an Interlocutory Appeal and dismiss Plaintiff’s Interlocutory Appeal, and for
such other and further relief to which it may be justly entitled.
Respectfully submitted, NEAL P. FLAGG, P.C.
By: /s/ Neal P. Flagg State Bar No.: 07102500 7 Innisbrook Court Frisco, Texas 75034 Telephone: (214) 727-9941 Facsimile: (972) 722-5307 Email: neal@nealflagglaw.com ATTORNEY FOR DEFENDANT HOCUTT, INC.
CERTIFICATE OF CONFERENCE
Defendant attempted to contact Plaintiff Keith Wiley to discuss the contents
of this Motion but was unsuccessful and/or unable to reach agreement about the
contents of the Motion.
/s/ Neal P. Flagg *4 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing has
been forwarded on this 9th day of October, 2015 to the following:
Via E-Service and Email
Keith Wiley
1714 Rutland Drive, #318
Austin, Texas 78758
Plaintiff, Pro-Se
/s/ Neal P. Flagg