Summary
dismissing appeal of interlocutory order sustaining challenge to affidavit of inability to pay costs
Summary of this case from Johnson v. McSpaddenOpinion
NO. 14-16-00221-CV
06-16-2016
BANDALI DAHDAH, Appellant v. NADIM ZABNEH, BASIMA ZABANEH, MICHAEL BALLASES, Appellees
On Appeal from the 270th District Court Harris County, Texas
Trial Court Cause No. 2015-62064
MEMORANDUM OPINION
This is an attempted appeal from an order signed March 1, 2016, sustaining a contest to appellant's affidavit of inability to pay costs. A partial clerk's record was ordered so this court could determine its jurisdiction. The record was filed May 19, 2016.
The record reveals that no final judgment has been signed in this pending case. The order that appellant seeks to appeal is interlocutory and not subject to appeal until after a final judgment is rendered. See Jones v. Houston Police Dept., No. 14-10-00916-CV; 2011 WL 61867 at *1 (Tex. App.—Houston [14th Dist.] Jan. 6, 2011, no pet.) (mem.op.) (dismissing appeal of interlocutory order sustaining challenge to affidavit of inability to pay costs).
Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). There are no statutory provisions granting the right to appeal the interlocutory order at issue in this case. We may review a challenge to the denial of indigence only when it is made as part of a pending appeal from a final judgment or other appealable order. See Tex. R. App. P. 20.1; Jones, 2011 WL 61867 at *1.
On May 19, 2016, notification was transmitted to the parties of this court's intent to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating this court's jurisdiction on or before May 31, 2016. See Tex. R. App. P. 42.3(a). Appellant filed no response.
Accordingly, the appeal is ordered dismissed.
PER CURIAM Panel consists of Justices Busby, Donovan, and Wise.