NC an MI, LLC v. EGR Construction, Inc
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledMay 12, 2026
Docket01-25-01084-CV
StatusPublished
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Full Opinion
Opinion issued May 12, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-01084-CV
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NC AND MI, LLC, Appellant
V.
EGR CONSTRUCTION, INC, Appellee
On Appeal from the 215th District Court
Harris County, Texas
Trial Court Case No. 2024-09635
MEMORANDUM OPINION
Appellant filed a notice of appeal on December 22, 2025 challenging trial
court orders including the following: (1) a December 2, 2025 order granting
appellee’s motion for sanctions; (2) a December 16, 2025 “Order Striking Jury
Demand;” (3) a December 16, 2025 “Order Denying Reconsideration and Setting
Compliance Hearing;” (4) a December 16, 2025 “Order Denying [Appellants’]
Request for a Jury Trial;” and (5) a December 18, 2025 “Trial Preparation Order.”
On December 31, 2026, the Court issued an order stating that none of the orders
appealed were either a final judgment or appealable interlocutory orders. The Court
requested a response by January 12, 2026 establishing that this Court has jurisdiction
over the appeal.
On January 12, 2026, appellant requested an extension of time to file its
response, which the Court granted until January 22, 2026. No response was filed.
Appellant filed a second notice of appeal on February 2, 2026, appealing an alleged
order by the trial court signed on January 2, 2026. In the letter of assignment of this
notice of appeal, the trial court clerk included an order for entry of judgment signed
January 19, 2026, indicating that no final judgment had yet been signed.
On February 17, 2026, a clerk’s record was filed, containing no final
judgment. On February 18, 2026, appellant filed an “amended notice of appeal”
from the trial court’s January 19, 2026 order for entry of judgment. On February 24,
2026, appellee filed a motion to dismiss, claiming that appellant has not established
that this Court has jurisdiction, and asking this Court to dismiss the appeal for lack
of jurisdiction.
The orders appellant is attempting to appeal are interlocutory. This Court
generally has jurisdiction only over final judgments and those interlocutory orders
the Legislature has expressly permitted appeal. See CMH Homes v. Perez, 340
S.W.3d 444, 447 (Tex. 2011). None of the orders appellant is attempting to appeal
are final judgments or appealable interlocutory orders. See Lehmann v. Har-Con
Corp., 39 S.W.3d 191, 200–01 (Tex. 2001) (holding that judgment or order is final
for purpose of appeal if it unequivocally states an intention to issue final judgment
or if it disposes of every pending claim and party); CMH Homes, 340 S.W.3d at 447
(permitting appeal of interlocutory orders only if permitted by statute). Because
appellant has not established that the orders appealed are either final judgments or
appealable interlocutory orders, appellant has not established that this Court has
jurisdiction over this appeal.
Accordingly, we grant appellee’s motion and dismiss this appeal. See TEX.
R. APP. P. 42.3, 43.2(f). Any pending motions are dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.