CourtListener 10813212•Maurice Fitzpatrick Jr. v. Automotive Financial Group, Inc., AFG Companies, Inc., Travis Gates, Genuine Lifetime, LLC, and Tyler Luck
Maurice Fitzpatrick Jr. v. Automotive Financial Group, Inc., AFG Companies, Inc., Travis Gates, Genuine Lifetime, LLC, and Tyler Luck
CourtListener 10813212Txctapp219.03.2026
Gesamter Gesetzestext
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00544-CV
___________________________
MAURICE FITZPATRICK JR., Appellant
V.
AUTOMOTIVE FINANCIAL GROUP, INC., AFG COMPANIES, INC.,
TRAVIS GATES, GENUINE LIFETIME, LLC, AND TYLER LUCK, Appellees
On Appeal from the 48th District Court
Tarrant County, Texas
Trial Court No. 048-352249-24
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Maurice Fitzpatrick Jr., proceeding pro se, attempts to appeal the
trial court’s “ongoing failure to adjudicate his Motion to Intervene, filed on
November 12, 2024[,] . . . and other related procedural violations and actions.” This is
Fitzpatrick’s second attempt to appeal the trial court’s “failure to rule on his
[m]otion.” See Fitzpatrick v. AFG Cos., Inc., No. 02-25-00006-CV, 2025 WL 647339, at
*1 (Tex. App.—Fort Worth Feb. 27, 2025, no pet.) (mem. op.) (dismissing appeal for
want of jurisdiction because trial court had not signed any appealable orders or final
judgments). As in the first appeal, Fitzpatrick’s notice of appeal is premature. See Tex.
R. App. P. 26.1(a), 27.1(a).
We have jurisdiction to consider appeals only from final judgments and from
certain interlocutory orders made immediately appealable by statute. See Lehmann v.
Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Tex. Civ. Prac. & Rem. Code
Ann. § 51.014(a) (listing appealable interlocutory orders). Without a final judgment or
an appealable interlocutory order, we lack jurisdiction over the appeal, and we must
dismiss it. See Lehmann, 39 S.W.3d at 195, 200.
Here, there is no final judgment or appealable interlocutory order. On October
24, 2025, we notified Fitzpatrick of our concern that we lack jurisdiction over this
appeal because it did not appear that the trial court had entered a final judgment or an
appealable interlocutory order. We warned Fitzpatrick that we could dismiss this
appeal for want of jurisdiction unless he or any party desiring to continue the appeal
2
filed a response by November 3, 2025, showing grounds for continuing it. See Tex. R.
App. P. 42.3(a), 44.3. Fitzpatrick did not file a response or furnish this court with an
appealable order or final judgment, and the trial court clerk has confirmed that the
trial court has not signed any orders or final judgments in this case.
Because there is no final judgment or order subject to appeal, we lack
jurisdiction over this appeal. See Lehmann, 39 S.W.3d at 195, 200. Accordingly, we
dismiss this appeal for want of jurisdiction. 1 See Tex. R. App. P. 42.3(a), 43.2(f).
Per Curiam
Delivered: March 19, 2026
On January 23, 2026, Appellees Automotive Financial Group, Inc. and AFG
1
Companies, Inc. moved to dismiss this appeal for lack of jurisdiction. Given our
disposition, the motion is granted. On February 5, 2026, Fitzpatrick filed “Appellant’s
Emergency Motion for Temporary Relief and Stay of Trial-Court Proceedings
Pending Appeal.” That motion is denied as moot.
3
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