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Croft v. Jeffcoat

Court of Appeals of Texas, Fourth District, San Antonio
Oct 5, 2011
No. 04-11-00458-CV (Tex. App. Oct. 5, 2011)

Opinion

No. 04-11-00458-CV

Delivered and Filed: October 5, 2011.

Appealed from the 45th Judicial District Court, Bexar County, Texas, Trial Court No. 2011-CI-03809, Honorable Antonia Arteaga, Judge Presiding.

DISMISSED FOR LACK OF JURISDICTION.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN Marion, Justice.


MEMORANDUM OPINION


Appellant's notice of appeal states his intent to appeal the trial court's order denying his motion to reconsider a motion to recover trust property. An order on a motion for reconsideration is not an appealable order. State Office of Risk Mgmt. v. Berdan, 335 S.W.3d 421, 428 (Tex. App.-Corpus Christi 2011, pet. filed); Digges v. Knowledge Alliance, Inc., 176 S.W.3d 463, 464 (Tex. App.-Houston [1st Dist.] 2004, no pet.). Moreover, the order permitting the appellee to have exclusive possession of the motor vehicle forming the basis of appellant's complaint is a temporary order in a family law case, and temporary orders are not appealable orders. See In re Cooper, 333 S.W.3d 656, 659 (Tex. App.-Dallas 2009, orig. proceeding).

On August 29, 2011, appellant was ordered to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. The deadline for appellant's response was September 13, 2011. No response was filed. Because this court lacks jurisdiction over the order appellant seeks to appeal, this appeal is dismissed for lack of jurisdiction. Costs of the appeal are taxed against appellant.


Summaries of

Croft v. Jeffcoat

Court of Appeals of Texas, Fourth District, San Antonio
Oct 5, 2011
No. 04-11-00458-CV (Tex. App. Oct. 5, 2011)
Case details for

Croft v. Jeffcoat

Case Details

Full title:Bradley Lane CROFT, Appellant v. Cherie JEFFCOAT, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Oct 5, 2011

Citations

No. 04-11-00458-CV (Tex. App. Oct. 5, 2011)