Opinion
No. 09-03-510 CV.
Opinion Delivered February 5, 2004.
On Appeal from the 411th District Court Polk County, Texas, Trial Cause No. Civ 20190.
APPEAL DISMISSED FOR LACK OF JURISDICTION.
Kenneth Ford, Pro Se — Huntsville for Appellant.
Cari G. Bernstein, Assistant Attorney General, Law Enforcement Defense Division — Austin for Appellee.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
On November 3, 2003, the Court received the notice of appeal in this appeal. On November 13, 2003, we notified the parties that the appeal appeared to be interlocutory because the final judgment had not been signed by the trial court. On February 3, 2004, the appellant filed a response in which he contends that the trial court's order to furnish security is an appealable order. See TEX. CIV. PRAC. REM. CODE ANN. § 11.055 (Vernon 2002). He does not contend that the trial court subsequently dismissed the litigation for failure to furnish security. See TEX. CIV. PRAC. REM. CODE ANN. § 11.056 (Vernon 2002).
The Court finds no final judgment has issued. Subject to certain statutory exceptions not applicable in this case, only final judgments are appealable. TEX. CIV. PRAC. REM. CODE ANN. § 51.012, 51.014 (Vernon 1997 Supp. 2004). A prematurely filed notice of appeal is effective and deemed filed on the day of, but after, the event that begins the period for perfecting the appeal. Tex.R.App.P. 27.1(a). In this case, however, the act which will begin the period for perfecting the appeal-signing the judgment-has not occurred. Accordingly, we hold the jurisdiction over this case is still vested in the trial court. This appeal is dismissed for want of jurisdiction.