Buddy Kindle v. the Roberts Law Firm

• Court: Court of Appeals of Texas
• Decided: February 15, 2007
• Docket: 06-07-00007-CV
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-07-00007-CV

BUDDY KINDLE, Appellant

V.

THE ROBERTS LAW FIRM, ET AL., Appellees

On Appeal from the 402nd Judicial District Court

Wood County, Texas

Trial Court No. 2006-392

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

Appellant, Buddy Kindle, filed a notice of appeal January 18, 2007, from an order transferring venue signed December 7, 2006. This order from which appeal is taken transferred venue from Wood County to Smith County.

Had this been an appealable interlocutory order, Kindle's appeal would have been due to have been filed within twenty days of the date the order was signed. See Tex. R. App. P. 26.1(b). The notice of appeal is untimely.

In addition to the issue of timeliness, the trial court's order transferring venue does not constitute a final, appealable order. Unless otherwise statutorily authorized, an appeal may be made only from a final judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 51.012 (Vernon 1997), § 51.014 (Vernon Supp. 2006). Further, Section 15.064(a) of the Texas Civil Practices and Remedies Code explicitly states that no interlocutory appeal shall lie from the determination of a venue hearing. Tex. Civ. Prac. & Rem. Code Ann. § 15.064(a) (Vernon 2002).

Accordingly, we dismiss this appeal for want of jurisdiction.

Bailey C. Moseley

Justice

Date Submitted: February 14, 2007

Date Decided: February 15, 2007