Johnathan Cooper v. James Warren St. John
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledSeptember 17, 2026
Docket02-26-00493-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00493-CV
___________________________
JOHNATHAN COOPER, Appellant
V.
JAMES WARREN ST. JOHN, Appellee
On Appeal from the 153rd District Court
Tarrant County, Texas
Trial Court No. 153-330985-21
Before Bassel, Womack, and Wallach, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Johnathan Cooper attempts to appeal from a July 8, 2026 order
denying “Plaintiff[’s] Summary[-]Judgment Request” and “Plaintiff[’s] Motion for
Trial Court to Rescind & Reconsider Recused Judge Orders Granting Defendant
Partial Summary Judgment on Plaintiff[’s] DTPA, Wrongful Act Claims.” On August
6, 2026, we notified Cooper of our concern that we do not have jurisdiction over his
appeal because the trial court’s order did not appear to be a final judgment or an
appealable interlocutory order. We cautioned him that unless by August 17, 2026, he
or another party filed with this court a response showing grounds for continuing the
appeal, we could dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 44.3. Cooper filed a response, but it does not show grounds for continuing
the appeal.
We also noted in our letter that Cooper had requested in his notice of appeal
that this court treat this appeal as a request for mandamus relief. We instructed
Cooper to file a petition for writ of mandamus and a mandamus record by August 17,
2026, and stated that the appeal would be dismissed if he failed to do so. Cooper
failed to comply.
This court’s appellate jurisdiction is generally limited to reviewing (1) final
judgments and (2) certain interlocutory orders made appealable by statute. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Tex. Civ. Prac. &
Rem. Code § 51.014(a). Because the appealed-from order is neither, we lack
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jurisdiction over this appeal. See Stuart v. Puente, No. 02-25-00641-CV, 2025 WL
3684003, at *1 (Tex. App.—Fort Worth Dec. 18, 2025, no pet.) (holding that order
denying summary judgment was not a final judgment or an appealable interlocutory
order and dismissing appeal for want of jurisdiction).
Accordingly, we dismiss this appeal for lack of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f); Stuart, 2025 WL 3684003, at *1.
Per Curiam
Delivered: September 17, 2026
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