Opinion
01-22-00007-CV
10-06-2022
FREDERICK LOUIS PUGH, Appellant v. BARBARA WINFIELD-PUGH, Appellee
On Appeal from the County Court at Law No. 1 Galveston County, Texas Trial Court Case No. 21-FD-2012
Panel consists of Chief Justice Radack and Justices Landau and Hightower.
MEMORANDUM OPINION
PER CURIAM
Appellant Frederick Louis Pugh (Frederick) appeals the final decree of divorce entered by the trial court on December 20, 2021. But the appellate record shows that the trial court set aside the appealed-from divorce decree within the plenary period, when it issued an order rescinding the decree on January 10, 2022. See Tex. R. Civ. P. 329b(d) ("The trial court, regardless of whether an appeal has been perfected, has plenary power to grant a new trial or to vacate, modify, correct, or reform the judgment within thirty days after the judgment is signed."). Consequently, there is not a final judgment in this case, and the original petition for divorce filed by Frederick's spouse, appellee Barbara Winfield-Pugh (Barbara), is unresolved and remains pending in the trial court.
Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). We have no jurisdiction to hear an appeal from an order or judgment that is not final, unless a statute permits the appeal. See Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); see also Tex. Civ. Prac. & Rem. Code §§ 51.012, .014. And if this is an appeal over which we have no jurisdiction, it must be dismissed. See Royal Indep. Sch. Dist. v. Ragsdale, 273 S.W.3d 759, 763 (Tex. App.-Houston [14th Dist.] 2008, no pet.) (jurisdiction is fundamental and cannot be ignored).
Here, the trial court has not entered a final judgment, and no statute authorizes an interlocutory appeal. On September 20, 2022, this Court notified the parties of its intent to dismiss the appeal for want of jurisdiction unless Frederick filed a response demonstrating our jurisdiction over his appeal by September 30, 2022. See Tex. R. App. P. 42.3(a), (c). Frederick has not filed a response.
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
This dismissal for lack of jurisdiction will not prevent either Barbara or Frederick from seeking a final divorce decree in the trial court or later filing a timely appeal of a final divorce decree.