Tchewam "Lily" Mukwange v. Public Storage

• Court: Court of Appeals of Texas
• Decided: May 24, 2012
• Docket: 14-12-00442-CV
• Status: Published

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed May 24, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00442-CV _____________

TCHEWAM “LILY” MUKWANGE, Appellant

V.

PUBLIC STORAGE, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1012566

MEMORANDUM OPINION

This is an attempted appeal from an order signed May 2, 2012, sustaining a contest to appellant’s affidavit of indigence and ordering her to pay costs of her suit, which was filed April 5, 2012. The general rule, with a few exceptions, is that an appellant can only appeal from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appellant may appeal an interlocutory order only if authorized by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). An order sustaining a contest to an affidavit of indigency is an interlocutory order not included in the list of orders made appealable by statute. See Tex. Civ. Prac. & Rem.Code § 51.014(a) On May 16, 2012, appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed without prejudice to filing an appeal from a final judgment.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Brown.