Opinion
NO. 02-18-00083-CV
05-31-2018
CURTIS CHILES II APPELLANT v. LUCRETIA CHILES APPELLEE
FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 325-609938-16 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Curtis Chiles II attempts to appeal from the trial court's February 6, 2018 letter setting out its rulings in this suit for divorce and suit affecting the parent-child relationship.
The trial court's letter directed Curtis's attorney to prepare the decree and submit all orders to the trial court no later than March 8, 2018 (which was also the day Curtis filed his notice of appeal). On March 27, 2018, we notified Curtis of our concern that we lack jurisdiction over this appeal because the trial-court clerk had informed us that the trial judge had not signed an order in this case. We informed him that because it appeared that there was no final judgment or order subject to appeal, his notice of appeal was premature. See Tex. R. App. P. 26.1(a), 27.1(a). We further informed him that we would dismiss his appeal for want of jurisdiction unless, within 30 days, he or any other party desiring to continue the appeal provided us with a signed copy of the order he wants to appeal. See Tex. R. App. P. 42.3(a), 43.2(f), 44.3, 44.4(a)(2). More than 30 days have passed, and we have not received a response.
Generally, appeals may be taken only from final judgments. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if allowed by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). Because the trial court has not signed a final judgment or an appealable interlocutory order in this case, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
/s/ Elizabeth Kerr
ELIZABETH KERR
JUSTICE PANEL: KERR, PITTMAN, and BIRDWELL, JJ. DELIVERED: May 31, 2018