Opinion
No. 12-05-00152-CV
Opinion delivered July 6, 2005.
Appeal from the 7th Judicial District Court of Smith County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DEVASTO, J.
MEMORANDUM OPINION DENYING REHEARING
On May 18, 2005, we dismissed this appeal for want of jurisdiction after concluding that Appellant did not timely file his notice of appeal. See Small v. Roberts , No. 12-05-00152-CV, 2005 WL 1177222 (Tex.App.-Tyler May 18, 2005, no pet. h.) (not designated for publication). Appellant has filed a motion for rehearing and a revised docketing statement stating that he has concluded the order he attempted to appeal is interlocutory. Therefore, he urges that dismissal for want of jurisdiction was the appropriate action, but that the jurisdictional defect stems from the interlocutory nature of the order and not the late notice of appeal. We deny Appellant's motion for rehearing, withdraw our opinion of May 18, 2005, and substitute the following opinion in its place.
On April 28, 2005, Appellant filed a notice of appeal describing the appealed order as an order on the defendants' motion for summary judgment. In his docketing statement, Appellant described the appealed order as a "final judgment order" in a personal injury and wrongful death case. Subsequently, Appellant notified this Court that the appealed order was interlocutory because it did not dispose of the causes of action against "Jane Doe."
This Court has jurisdiction only over appeals from final judgments and appeals from certain interlocutory judgments as provided by statute. See, e.g., TEX. CIV. PRAC. REM. CODE ANN. §§ 51.02, 51.014 (Vernon 1997 Supp. 2004-05). There is no statutory provision permitting an appeal from the type of order presented in this case. Accordingly, the appeal is dismissed for want of jurisdiction.