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Swain v. American Honda Finance

Court of Appeals of Texas, Second District, Fort Worth
Mar 17, 2005
No. 02-05-022-CV (Tex. App. Mar. 17, 2005)

Opinion

No. 02-05-022-CV

Delivered: March 17, 2005.

Appeal from County Court at Law No. 1 of Tarrant County.

PANEL D: HOLMAN, GARDNER, and WALKER, JJ.


MEMORANDUM OPINION


On February 23, 2005, we notified Appellant Chandler S. Swain, in accordance with Rule 42.3(a), that this court may not have jurisdiction over this appeal from the trial court's August 20, 2004 "Order For Issuance Of Writ Of Sequestration." TEX. R. APP. P. 42.3(a). We stated that the appeal would be dismissed for want of jurisdiction unless Appellant or any party desiring to continue the appeal filed within ten days a response showing grounds for continuing the appeal. See id. The response filed by Appellant does not show grounds for continuing the appeal.

The trial court has confirmed that Appellee's suit against Appellant remains pending in the trial court and no final judgment has been signed. Further, the order that Appellant seeks to appeal is not an appealable interlocutory order. See TEX. CIV. PRAC. REM. CODE ANN. § 51.014 (Vernon Supp. 2004-05). Because there is no final judgment or appealable interlocutory order, it is the opinion of the court that this appeal should be dismissed for want of jurisdiction. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).

Because we dismiss for want of jurisdiction, we need not address the fact that the order complained of was signed August 20, 2004 and Appellant's notice of appeal was not filed until January 12, 2005.


Summaries of

Swain v. American Honda Finance

Court of Appeals of Texas, Second District, Fort Worth
Mar 17, 2005
No. 02-05-022-CV (Tex. App. Mar. 17, 2005)
Case details for

Swain v. American Honda Finance

Case Details

Full title:CHANDLER S. SWAIN, Appellant, v. AMERICAN HONDA FINANCE CORPORATION…

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Mar 17, 2005

Citations

No. 02-05-022-CV (Tex. App. Mar. 17, 2005)