Opinion
No. 05-09-00202-CV
Opinion Filed April 3, 2009.
On Appeal from the 191st Judicial District Court, Dallas County, Texas, Trial Court Cause No. DC-07-04346.
Before Chief Justice THOMAS and Justices O'NEILL and MURPHY.
MEMORANDUM OPINION
On February 24, 2009, appellant filed a notice of appeal from the trial court's August 28, 2008 order dismissing the case with prejudice. Because it appeared the notice of appeal was untimely, we sent the parties a letter questioning our jurisdiction over the appeal. Appellant did not respond. We, however, received a letter from counsel for appellee Jerry Alexander stating the trial judge had granted appellant's motion to reinstate and that the case remained pending on the trial court's docket. A copy of the October 22, 2008 order reinstating the case is contained in the clerk's record. Because there is no final judgment or otherwise appealable interlocutory order, we have no jurisdiction over the appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App. 1997, no writ). We dismiss the appeal for want of jurisdiction.