Donald Ray McCray v. Harris County, Texas

• Court: Court of Appeals of Texas
• Decided: February 22, 2007
• Docket: 14-06-00533-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 22, 2007

Dismissed and Memorandum Opinion filed February 22, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00533-CV

DONALD RAY McCRAY, Appellant

V.

HARRIS COUNTY, TEXAS, ET AL., Appellees

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 06-26765

M E M O R A N D U M  O P I N I O N

The clerk=s record was filed on January 19, 2007.  Appellant=s notice of appeal specifies the date of judgment as April 25, 2006. 

The clerk=s record indicates this suit was originally filed in Walker County, and the Walker County trial court dismissed the suit in October 2005.  The same petition, originally filed in Walker County, appears to have been filed subsequently in Harris County, and the pleadings from Walker County all contain a Harris County file stamp date of April 25, 2006.  There is no judgment in the record signed on April 25, 2006.  Furthermore, there is no final judgment of any date in the clerk=s record, other than the Walker County judgment.

Generally, appeals may be taken only from final judgments.  Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  Interlocutory orders may be appealed only if permitted by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). 

On November 8, 2006, appellee, Harris County, Texas, filed a motion to dismiss the appeal for want of jurisdiction, noting there is no final, appealable judgment.  See Tex. R. App. P. 42.3(a).  Appellee further notes that the most recent order entered by the trial judge in this case is a scheduling or docket control order.

On January 22, 2007, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before February 1, 2007.  See Tex. R. App. P. 42.3(a).

Appellant=s response fails to demonstrate that this court has jurisdiction over the appeal. 

Appellee=s motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 22, 2007.

Panel consists of Justices Yates, Anderson, and Hudson.