Opinion
01-23-00363-CV
06-27-2023
Sergio Ferero v. Humberto Guzman
Trial court: Coumty Civil Court at Law No. 3 of Harris County Trial court number: 1203684
ORDER
PETER KELLY, JUDGE
Sergio Ferero filed a statement of inability to afford payment of court costs in the Justice Court. The Justice Court held a hearing on the statement of inability and determined by order signed on April 18, 2023 that the statement of inability should not be granted. Ferero filed an appeal of the April 18, 2022 order to the County Civil Court at Law No. 3, which denied relief by order signed on May 12, 2023. Ferero then filed a notice of appeal on May 12, 2023, challenging only the May 12, 2023 order denying Ferero's challenge to the Justice Court's April 18, 2023 order.
An order sustaining a contest to a statement of inability is neither a final judgment nor an appealable interlocutory order. See Woods v. Paige, No. 09-14-00560-CV, 2015 WL 993641, at *1 (Tex. App.-Beaumont March 5, 2015, no pet.). Rule 145(g) permits a declarant to challenge an order denying a statement of inability by filing a motion in the court of appeals with jurisdiction over an appeal from the judgment in the case. See Tex. R. Civ. P. 145(g)(1). This Court has no appeal from a judgment in the case and thus, it appears that this Court lacks jurisdiction over the appeal from the May 12, 2023 order.
Unless Ferero files a response to this order within 10 days from the date of this order establishing our jurisdiction to review the May 12, 2023 order, the Court will dismiss the appeal for lack of jurisdiction.
It is so ORDERED.