Jessica Rae Lynn Whitmarsh v. Richard Eugene Whitmarsh

• Court: Court of Appeals of Texas
• Decided: December 31, 2009
• Docket: 14-09-00957-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 31, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00957-CV

JESSICA RAE LYNN WHITMARSH, Appellant

V.

RICHARD EUGENE WHITMARSH, Appellee

On Appeal from the 300th District Court

Brazoria County, Texas

Trial Court Cause No. 53503

M E M O R A N D U M  O P I N I O N

This is an attempted appeal from an order signed November 10, 2009.  The clerk’s record was filed on November 23, 2009. 

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).  According to the clerk=s record, the judgment or order being appealed is not a final, appealable judgment.  See Tex. Fam. Code § 105.001(e) (“Temporary orders rendered under this section are not subject to interlocutory appeal.”) 

            On November 30, 2009, notification was transmitted to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless, on or before December 10, 2009, appellant filed a response demonstrating grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a).

            Appellant filed no response.  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Frost, Boyce, and Sullivan.