KERRY FIELDS, AN INDIVIDUAL, TONYA FIELDS AND KERRY FIELDS AS PARENTS, AND NEXT FRIEND OF KRIS FIELDS AND TYLER FIELDS, Appellants
GEICO ADVANTAGE INSURANCE COMPANY, Appellee
Appeal from the County Civil Court at Law No. 1 Harris
County, Texas Trial Court Cause No. 1064742
consists of Justices Christopher, Jamison, and Donovan.
an attempted appeal from the denial of a motion for summary
judgment. On November 8, 2016, appellee filed a motion to
dismiss the appeal for lack of jurisdiction because the order
being appealed is a nonappealable interlocutory order.
Alternatively, appellee asks the court to affirm the trial
court's judgment and to grant appellee damages for a
frivolous appeal, under Texas Rule of Appellate Procedure 45,
and judgment for costs. Appellants did not file a response.
certain exceptions that do not apply here, an appellate court
does not have jurisdiction to hear denied motions for summary
judgment on appeal. Ackermann v. Vordenbaum, 403
S.W.2d 362, 365 (Tex. 1966); William Marsh Rice Univ. v.
Coleman, 291 S.W.3d 43, 45 (Tex. App.-Houston [14th
Dist.] 2009, pet. dism'd); see also Tex. Civ.
Prac. & Rem. Code Ann. § 51.014. Accordingly,
appellee's motion to dismiss for lack of jurisdiction is
court may award just damages under Rule 45 if, after
considering everything in our file, we make an objective
determination that the appeal is frivolous. Glassman v.
Goodfriend, 347 S.W.3d 772, 782 (Tex. App.-Houston [14th
Dist.] 2011, pet. denied) (en banc). To determine whether an
appeal is objectively frivolous, we review the record from
the viewpoint of the appellant and determine whether
appellant had reasonable grounds to believe the case could be
reversed. Id. Rule 45 does not mandate that this
court award just damages in every case in which an appeal is
frivolous; the decision to award such damages is a matter
within this ...