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Akinwamide v. Transportation Ins. Co.
October 14, 1999
Unpublished Opinion

Akinwamide v. Transportation Ins. Co.

Court of Appeals of Texas, Houston (14th Dist.).

Patrick Olajide AKINWAMIDE, Appellant,



No. 14-99-00580-CV.


Oct. 14, 1999.

On Appeal from the 80th District Court, Harris County, Texas, Trial Court Cause No. 97-48526.

Chief Justice HUDSON.



*1 This is an attempted appeal from an order signed April 26, 1998, denying appellant’s motion to try his case under the common law, and the purported denial of appellant’s motion requesting the court to order the Texas Workers’ Compensation Commission to release the contents of its investigative file.

Generally, appeals may be taken only from final orders or judgments. See Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex.1998).

There is no statute providing for the interlocutory appeal of the types of orders about which appellant complains. Accordingly, this court is without jurisdiction to consider the appeal.

In its brief, appellee asked this Court to assess damages against appellant for filing a frivolous appeal. See Finch v. Finch, 825 S.W.2d 218, 226 (Tex.App.-Houston [1st Dist.] 1992, no writ).

On September 22, 1999, notification was transmitted to all parties of the Court’s intent to dismiss the appeal for want of jurisdiction and that the Court would consider appellee’s request for the imposition of damages. See 45. Appellant’s response fails to demonstrate that this Court has jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed. Although there are clearly no grounds for appeal at this time, we do not find that appellant brought the appeal in bad faith and for delay. Therefore, we decline to assess damages for a frivolous appeal.

End of Document