Richard Chuba v. Riverside Inn

Opinion

Dismissed and Memorandum Opinion filed July 28, 2011.

In The

Fourteenth Court of Appeals

NO. 14-11-00290-CV

Richard Chuba, Appellant

V.

Riverside Inn, Appellee

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2010-47535

MEMORANDUM  OPINION

Appellant filed a notice of appeal without designating a final judgment from which he is appealing.  According to the clerk’s record, an order was signed on April 15, 2011, sustaining a contest to his pauper’s oath.  According to the record filed with this court, no other order has been entered in this case.

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.  Lomax v. Thomas, No. 14-08-00163-CV, 2008 WL 4308610, *1 (Tex. App.—Houston [14th Dist.] Aug. 28, 2008, no pet.) (memo. op.). Thus, an order denying indigent status may not be appealed before entry of final judgment.  In contrast, a trial court’s indigency ruling pertaining to an already pending appeal is appealable.  See In re Arroyo, 988 S.W.2d 737, 738–39 (Tex. 1998) (orig. proceeding).

On June 27, 2011, 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 on or before July 8, 2011.  See Tex. R. App. P. 42.3(a).  No response has been filed.

We are without jurisdiction over this appeal.  Accordingly, the appeal is ordered dismissed.

                                                                                    PER CURIAM

Panel consists of Justices Anderson, Brown, and Christopher.