Opinion
No. 04-08-00045-CV
Delivered and Filed: May 21, 2008.
Appealed from the 111th Judicial District Court, Webb County, Texas Trial Court No. 2003-CVH-000756D2 Honorable David Peeples, Judge Presiding.
DISMISSED FOR LACK OF JURISDICTION.
Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
An initial review of the clerk's record indicated appellant sought to appeal an Order Denying Motion For Appointment of Judge signed on December 5, 2007. 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); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). There is no specific statute authorizing an interlocutory appeal from an order denying a motion for appointment of a judge. See Tex. Civ. Prac. Rem. Code Ann. § 51.014(a) (Vernon Supp. 2007-2008) (authorizing interlocutory appeals). Therefore, because it appeared this court lacked jurisdiction over this appeal, appellant was ordered to show cause why this appeal should not be dismissed for lack of jurisdiction.
On April 4, 2008, appellant responded to the show cause order, stating the determinative question in this appeal is "[w]hether the `Agreed Final Decree of Divorce' . . . signed in 2005 . . . is void for lack of subject matter jurisdiction." Although appellant is attempting to challenge a judgment signed in 2005 on the ground that the judgment is void, appellant is attempting to do so by appealing from an order from which no interlocutory appeal is authorized. Therefore, we must dismiss this appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a).