DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS INTERLOCUTORY APPEAL OF PLAINTIFF PAGE 1

IN THE COURT OF APPEALS 

THIRD DISTRICT OF TEXAS 

KEITH WILEY § 

 § 

 Plaintiff § 

 § 

vs. § 03-15-00619-CV

 § 

HOCUTT, INC. § 

 § 

 Defendant. § 

DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS 

 INTERLOCUTORY APPEAL OF PLAINTIFF 

TO THE HONORABLE JUDGE OF SAID COURT: 

Comes Now, Hocutt, Inc., one of the Defendants in the above-styled case, 

and files this Motion to Dismiss Interlocutory Appeal filed by Plaintiff Keith 

Wiley and would should the Court the following: 

I.

By Order dated September 11, 2015, the 201st District Court of Travis 

County, Texas granted Defendant Hocutt, Inc.’s Traditional and No Evidence 

Motion for Summary Judgment. 

On or about October 1, 2015, Plaintiff Keith Wiley filed a Motion for an 

Interlocutory Appeal and an Interlocutory Appeal. The Court has no Jurisdiction 

for this appeal. The Motion for an Interlocutory Appeal sited Texas Rules of 

Appellant Procedure 168(c) as the basis for his Motion. Defendant would assert 

ACCEPTED

03-15-00619-CV

7321479

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/9/2015 8:57:49 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/9/2015 8:57:49 PM JEFFREY D. KYLE Clerk
DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS INTERLOCUTORY APPEAL OF PLAINTIFF PAGE 2

herein that no such rule of Appellant Procedure exists and therefore Plaintiff has no 

basis for the filing of his Motion. 

Further, Plaintiff’s Interlocutory Appeal sites that it is filed pursuant to 

Texas Civil Practice and Remedies Code 51.014; however, upon review of Civil 

Practice and Remedies Code §51.014, the summary judgment granted in favor of 

Defendant Hocutt, Inc. in this case does not meet any of the specific criteria set 

forth in §51.014. The Court may only exercise jurisdiction over final judgments or 

orders that are otherwise appealable. Lehman v. Har-Con Corp., 39 S.W.3d 191, 

195, 205 (Tex. 2001). 

Accordingly, Defendant herein moves the Court to deny Plaintiff’s Motion 

for an Interlocutory Appeal and dismiss Plaintiff’s Interlocutory Appeal, and for

such other and further relief to which it may be justly entitled. 

Respectfully submitted,

NEAL P. FLAGG, P.C.

 By: /s/ Neal P. Flagg 

NEAL P. FLAGG

State Bar No.: 07102500

7 Innisbrook Court

Frisco, Texas 75034

Telephone: (214) 727-9941

Facsimile: (972) 722-5307

Email: neal@nealflagglaw.com

ATTORNEY FOR DEFENDANT 

HOCUTT, INC.
DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS INTERLOCUTORY APPEAL OF PLAINTIFF PAGE 3

CERTIFICATE OF CONFERENCE

Defendant attempted to contact Plaintiff Keith Wiley to discuss the contents 

of this Motion but was unsuccessful and/or unable to reach agreement about the 

contents of the Motion. 

/s/ Neal P. Flagg 

NEAL P. FLAGG
DEFENDANT HOCUTT, INC.’S MOTION TO DISMISS INTERLOCUTORY APPEAL OF PLAINTIFF PAGE 4

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing has 

been forwarded on this 9th day of October, 2015 to the following:

Via E-Service and Email

Keith Wiley

1714 Rutland Drive, #318

Austin, Texas 78758

Plaintiff, Pro-Se

/s/ Neal P. Flagg 

NEAL P. FLAGG