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Linda Restrepo and Carlos Restrepo D/B/A Collectively RDI Global Services and R&D International v. Alliance Riggers & Constructors, LTD

Citation: Not availableDocket: 08-16-00114-CV

Court: Court of Appeals of Texas; July 6, 2016; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Eighth District of Texas dismissed the appeal filed by Linda and Carlos Restrepo, doing business as RDI Global Services and R&D International, against Alliance Riggers Constructors, Ltd. The appeal was based on a writ of execution issued in cause number 2012-DCV-04523. The court found that it lacks jurisdiction because appellate courts only have authority over final judgments and certain interlocutory orders as specified by statute. The court referenced established precedents indicating that writs of execution and related orders are not appealable. The court had previously notified the Appellants of its intent to dismiss for lack of jurisdiction, and no response was received from them. Consequently, the appeal was dismissed on July 6, 2016, for want of jurisdiction, with Chief Justice Ann Crawford McClure presiding and Justice Hughes not participating.

Legal Issues Addressed

Appealability of Writs of Execution

Application: The court established that writs of execution and related orders are not appealable, thus supporting the dismissal of the appeal in this case.

Reasoning: The court referenced established precedents indicating that writs of execution and related orders are not appealable.

Jurisdiction of Appellate Courts

Application: The appellate court dismissed the appeal because it determined that it lacked jurisdiction, as the appeal was not from a final judgment or an appealable interlocutory order.

Reasoning: The court found that it lacks jurisdiction because appellate courts only have authority over final judgments and certain interlocutory orders as specified by statute.

Procedure for Dismissal for Want of Jurisdiction

Application: The court followed proper procedure by notifying the appellants of its intent to dismiss the appeal due to lack of jurisdiction and proceeded with dismissal when no response was received.

Reasoning: The court had previously notified the Appellants of its intent to dismiss for lack of jurisdiction, and no response was received from them.