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Byrd v. Byrd

Court of Appeals of Texas, Second District, Fort Worth
Jan 24, 2008
No. 2-06-407-CR (Tex. App. Jan. 24, 2008)

Opinion

No. 2-06-407-CR

Delivered: January 24, 2008.

Appealed from the 415th District Court of Parker County.

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


MEMORANDUM OPINION


Appellant appeals from the trial court's discovery sanctions order signed November 11, 2007, in the underlying divorce case. Included among the sanctions are a finding of contempt and a commitment order, which have already been unsuccessfully challenged in this court by petition for writ of habeas corpus. On November 21, 2007, we notified the parties that we were concerned that this court lacks jurisdiction over this appeal because the order for sanctions is not an appealable interlocutory order. We indicated that this case could be dismissed for want of jurisdiction if the parties did not show grounds for continuing the appeal by December 3, 2007. As of this date, we have received no response. Accordingly, because the sanctions order is neither a final judgment nor an appealable interlocutory order, we dismiss this appeal for want of jurisdiction.

See In re Byrd, No. 02-07-00387-CV, 2007 WL 3408651, at *1 (Tex.App.(Fort Worth Nov. 12, 2007, orig. proceeding) (mem. op.).

See TEX. CIV. PRAC. REM. CODE ANN. 51.014(a) (Vernon Supp. 2007) (listing appealable interlocutory orders); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (providing general rule that an appeal may be taken only from a final judgment).

See TEX. R. APP. P. 42.3(a), 43.2(f).


Summaries of

Byrd v. Byrd

Court of Appeals of Texas, Second District, Fort Worth
Jan 24, 2008
No. 2-06-407-CR (Tex. App. Jan. 24, 2008)
Case details for

Byrd v. Byrd

Case Details

Full title:PHILIP GREGORY BYRD, APPELLANT v. NANCY ANN BYRD, APPELLEE

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

Date published: Jan 24, 2008

Citations

No. 2-06-407-CR (Tex. App. Jan. 24, 2008)