Sontchi, Michael v. Jenny Rich

• Court: Court of Appeals of Texas
• Decided: June 13, 2002
• Docket: 01-02-00216-CV
• Status: Published

Opinion

Opinion issued June 13, 2002

In The

Court of Appeals

For The

First District of Texas

NO. 01-02-00216-CV

IN THE INTEREST OF T.R.S. AND G.N.S., MINOR CHILDREN

On Appeal from the 247th District Court

Harris County, Texas

Trial Court Cause No. 2001-58132

O P I N I O N

According to information provided by the trial court clerk, the notice of appeal, filed on February 21, 2002 by Michael Sontchi, states that the appeal is from an order signed on January 26, 2002 setting the case for trial. The trial court clerk has advised the Court that there was no formal order signed on January 26, 2002. Rather, the trial court generated a "scheduling order and notice of intent to dismiss" on that date, which set the case for "trial on the merits for June 24, 2002."

On May 9, 2002 this Court issued an order that stated in relevant part:

With exceptions not relevant here, an appeal may only be prosecuted from a final judgment. North East Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). A final judgment is one that disposes of all issues and parties in the case. Id. An order setting a case for trial is not an appealable order, see, e.g., Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon Supp. 2002), nor is it a final judgment. Unless within 30 days of the date of this order, appellant provides this Court with a brief demonstrating with legal citations that an appeal may be taken from such an order, this appeal will be dismissed for want of jurisdiction. Tex. R. App. P. 42.3(a).

The brief appellant has filed in response to this order does not demonstrate that an appeal may be taken from an order setting a case for trial. We dismiss the appeal for want of jurisdiction. See North East Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966) (an appeal may only be prosecuted from a final judgment); Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon Supp. 2002) (not including trial setting orders among the matters that may be the subject of interlocutory appeals); Tex. R. App. P. 42.3(a) (after giving 10 days' notice to all parties, the appellate court may dismiss the appeal for want of jurisdiction).

PER CURIAM

Panel Consists of Chief Justice Schneider and Justices Hedges and Nuchia.

Do not publish. Tex. R. App. P. 47.