Noris G. Rogers v. Fia Card Services, N.A. F/K/A Mbna America Bank, N.a

• Court: Court of Appeals of Texas
• Decided: October 8, 2009
• Docket: 14-09-00558-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 8, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00558-CV

NORIS ROGERS, Appellant

V.

FIA CARD SERVICES N.A. F/K/A MBNA AMERICA BANK N.A., Appellee

On Appeal from County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 926,524

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 June 2, 2009.  The clerk=s record was filed on July 2, 2009.  Supplemental clerk’s records were filed on September 3, 2009, and September 25, 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).  The record reflects the order signed June 2, 2009, is not the denial of a special appearance and therefore not appealable under Tex. Civ. Prac. & Rem. Code § 51.014(a)(7).

            On September 28, 2009, appellee filed a motion to dismiss the appeal for want of jurisdiction.  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 and the appeal is ordered dismissed.

            The stay entered August 6, 2009, is accordingly lifted upon issuance of this opinion and judgment.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.