Robert Kilsby and Deborah Negrini v. Mid Century Insurance Company of Texas, Famers Texas County Mutual Insurance Company, and Fire Insurance Exchange
This text of Robert Kilsby and Deborah Negrini v. Mid Century Insurance Company of Texas, Famers Texas County Mutual Insurance Company, and Fire Insurance Exchange (Robert Kilsby and Deborah Negrini v. Mid Century Insurance Company of Texas, Famers Texas County Mutual Insurance Company, and Fire Insurance Exchange) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and Memorandum Opinion filed April 3, 2008.
In The
Fourteenth Court of Appeals
____________
NO. 14-07-00981-CV
ROBERT KILSBY AND DEBORAH NEGRINI, Appellants
V.
MID CENTURY INSURANCE COMPANY OF TEXAS, FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY,
AND FIRE INSURANCE EXCHANGE, Appellees
On Appeal from the 333rd District Court
Harris County, Texas
Trial Court Cause No. 2007-54934
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 October 19, 2007, sustaining the contest to appellants= affidavit of inability to pay costs. The clerk=s record was filed on February 4, 2008. The record reveals that no final judgment 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).
On February 13, 2008, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellants filed a response on or before February 25, 2008, demonstrating grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). On February 15, 2008, appellants filed two motions, for extension of time and to stay proceedings, and an affidavit of indigency. Appellants= notice of appeal states the appeal is from the trial court=s order sustaining a contest to their pauper=s oath.
Appellants= response fails to demonstrate that this court has jurisdiction over the appeal. There is no statutory grant of the right to immediately appeal, before entry of final judgment, the matter about which appellants complain. See, e.g., Tex. Civ. Prac. & Rem. Code Ann. ' 51.014 (Vernon Supp.2006). Therefore, this court lacks jurisdiction of this attempted interlocutory appeal.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed April 3, 2008.
Panel consists of Justices Fowler, Frost, and Seymore.
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