Mark Lomax v. Tommy B. Thomas

• Court: Court of Appeals of Texas
• Decided: August 28, 2008
• Docket: 14-08-00163-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 28, 2008

Dismissed and Memorandum Opinion filed August 28, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00163-CV

MARK LOMAX, Appellant

V.

TOMMY B. THOMAS, ET AL., Appellees

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2007-77406

M E M O R A N D U M   O P I N I O N

According to the notice of appeal filed in this case, this is an attempted appeal from an order signed February 4, 2008, sustaining a contest to appellant=s pauper=s oath related to the fees for filing the underlying suit.  The underlying case remains pending in the trial court.

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).  There is no statute providing for an interlocutory appeal of the court=s ruling on indigency for trial proceedings.  Therefore, we are without jurisdiction over this appeal.

On July 16, 2008, 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.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 28, 2008.

Panel consists of Chief Justice Hedges and Justices Guzman and Brown.