Opinion
No. 05-04-00194-CV.
Opinion issued March 22, 2004.
On Appeal from the 44th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-04813-B.
Dismissed.
Before Justices WHITTINGTON, LANG, and LANG-MIERS.
MEMORANDUM OPINION
Appellants' February 18, 2004 notice of appeal indicates they are appealing the November 21, 2003 "Order Affirming Associate Judge's Decision to Transfer Venue." Because the Court can only review final judgments or interlocutory appeals authorized by statute, appellants were instructed to file a jurisdictional brief explaining the Court's jurisdiction to review an interlocutory order regarding the transfer of venue. See Jack B. Anglin Co. Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992).
Appellants state in their jurisdictional brief that the Texas Board of Nurse Examiners and the State Office of Administrative Hearings filed separate motions to transfer venue and that the trial court ordered that venue be transferred to Travis County. Appellants' brief indicates that there is not a final judgment and that appellants desire this Court to remand this case concerning the wrongful revocation of a nurse's license back to the Dallas trial court because they are unable to maintain litigation in Travis County.
However, the law does not provide for judicial review of an interlocutory order transferring venue. Section 15.064 of the civil practice and remedies code provides: "The court shall determine venue questions from the pleadings and affidavits. No interlocutory appeal shall lie from the determination." Regarding the trial court's determination of a motion to transfer venue, civil procedure rule 87(6) states, "There shall be no interlocutory appeals from such determination." Also the supreme court has stated, "Neither the court of appeals nor this Court can review the propriety of the trial court's venue decision." American Home Products Corp. v. Clark, 38 S.W.3d 92, 96 (Tex. 2000).
On the Court's own motion, this appeal is DISMISSED for want of jurisdiction. See § 42.3(a).