John C. Spurlock v. Texas Department of Criminal Justice - Inmate Trust Fund and James W. Bright

• Court: Court of Appeals of Texas
• Decided: January 12, 2006
• Docket: 09-05-00442-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-05-442 CV

JOHN C. SPURLOCK, Appellant

V.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE -

INMATE TRUST FUND, AND JAMES W. BRIGHT, Appellees

On Appeal from the 411th District Court

Polk County, Texas

Trial Cause No. 21514

MEMORANDUM OPINION

On November 10, 2005, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant filed a response.

The notice of appeal seeks to appeal the denial of "Plaintiff's Motion to Compel More Definite Statement" in a garnishment proceeding. The order neither discharged the garnishment nor grants a judgment on the garnishment. See Tex. R. Civ. P. 666-669; Harrison v. Kell Jones & Son, 262 S.W.2d 763, 764 (Tex. Civ. App.- Beaumont 1953, no writ). An order in a garnishment action is not appealable where it does not dispose of the primary issue drawn by the pleadings. Texlite, Inc. v. Liberty State Bank, 150 S.W.2d 822, 823 (Tex. Civ. App. - Waco 1941, no writ). The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED FOR LACK OF JURISDICTION.

___________________________

CHARLES KREGER

Justice

Opinion Delivered January 12, 2006

Before McKeithen, C.J., Gaultney and Kreger, JJ.