Reginald W. Spivey v. Trenita Gail Spivey

Opinion

Opinion issued October 22, 2013

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-13-00015-CV ——————————— REGINALD W. SPIVEY, Appellant V. TRENITA GAIL SPIVEY, Appellee

On Appeal from the 312th District Court1 Harris County, Texas Trial Court Case No. 2010-44699

MEMORANDUM OPINION

Appellant attempts to appeal from an order setting entry date/hearing, but

such an order is not reviewable by appeal. When a party attempts to appeal a non-

1 Counsel for Appellant: Ronald G. Ray Counsel for Appellee: Greg Abbott Trial court Judge: Hon. David Farr appealable interlocutory order, the appellate court has no jurisdiction except to

dismiss the appeal. See Nikoulouzos v. St. Luke’s Episcopal Hospital, 162 S.W.3d

678, 681 (Tex. App.—Houston [14th Dist.] 2005, no pet.). Ten days’ notice of

intent to dismiss was given to all parties in accordance with Texas Rule of

Appellate Procedure 42.3. No party has responded to the notice. Accordingly,

we dismiss the appeal for want of jurisdiction. We dismiss all pending motions as

moot.

Panel consists of Justices Jennings, Sharp, and Brown.