Dana Michele Struve v. Frank Andrew Struve

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 09-23-00225-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00225-CV __________________

DANA MICHELE STRUVE, Appellant

V.

FRANK ANDREW STRUVE, Appellee

__________________________________________________________________

On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV22-0740 __________________________________________________________________

MEMORANDUM OPINION

Dana Michele Struve filed a notice of appeal on July 10, 2023. According to

information provided by the District Clerk, neither a judgment nor an appealable

order has been signed by the trial court. In a notice issued by the Clerk of the Court,

we questioned our jurisdiction and directed the parties to identify the statute or rule

authorizing an appeal at this time in written replies filed by August 17, 2023. The

Clerk’s notice warned the parties that the appeal would be dismissed for lack of

jurisdiction without further notice unless our jurisdiction over the appeal was

1 established. None of the parties responded to the Clerk’s notice. No party requested

additional time to obtain a final judgment or severance order.

Generally, in civil cases appellate courts review only final judgments and

interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con

Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appeal from an interlocutory order may

proceed as an accelerated appeal “when allowed by statute[.]” See Tex. R. App. P.

28.1. We dismiss the appeal for lack of jurisdiction. See id. 42.3(a), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 30, 2023 Opinion Delivered August 31, 2023

Before Golemon, C.J., Horton and Wright, JJ.