Michael Wayne Osborne v. Nathan Reynolds Jr.

• Court: Court of Appeals of Texas
• Decided: December 23, 2015
• Docket: 09-15-00452-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00452-CV ____________________

MICHAEL WAYNE OSBORNE, Appellant

V.

NATHAN REYNOLDS JR., Appellee ________________________________________________________________________

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-197,332 ________________________________________________________________________

MEMORANDUM OPINION

Michael Wayne Osborne filed a notice of appeal from interlocutory orders

denying a motion for default judgment and denying a motion for a bench warrant.

We notified the parties that our jurisdiction was not apparent from the notice of

appeal and that the appeal would be dismissed for want of jurisdiction unless a

response demonstrating this Court’s jurisdiction was filed by November 30, 2015.

The appellant did not file a written response.

1 Generally, an appeal may be taken only from a final judgment. Lehmann v.

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be

appealed only if a statute authorizes an accelerated appeal. Bally Total Fitness

Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); see Tex. R. App. P. 28.1. The

appellant has not filed a response showing that the trial court has signed a final

judgment or an order that is appealable at this time. See Tex. R. App. P. 42.3. We

dismiss the appeal. See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on December 22, 2015 Opinion Delivered December 23, 2015

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