McNeary v. McNeary

Full title: CURTIS LEE MCNEARY, Appellant v. DEBORAH JOETTA MCNEARY, Appellee

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jun 19, 2003

No. 09-03-194 CV (Tex. App. Jun. 19, 2003)

Opinion

No. 09-03-194 CV.

Opinion Delivered June 19, 2003.

On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 01-08-05170 CV

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 Tex.R.App.P. 47.4.

PER CURIAM

The trial court signed a protective order in Cause No. 01-08-05170 CV on May 10, 2002. Curtis Lee McNeary filed a notice of appeal on April 21, 2003. On May 8, 2003, we notified the appellant that our jurisdiction was not apparent from the notice of appeal. On May 27, 2003, McNeary informed the Court that the notice of appeal filed in Cause No. 01-07-04631 is "replacing" the notice of appeal filed in Cause No. 01-08-05170 CV. The notice of appeal filed in that cause has been docketed separately as Appeal No. 09-03-00262-CV.

The appellant has not demonstrated that he timely filed notice of appeal of an appealable interlocutory order. See Tex.R.App.P. 26.1(b); Tex. Fam. Code Ann. § 105.001(e) (Vernon 2002). The appeal is dismissed for lack or jurisdiction.

APPEAL DISMISSED.