Opinion
No. 14-05-01255-CV
Memorandum Opinion filed January 12, 2006.
On Appeal from the 10th District Court, Galveston County, Texas, Trial Court Cause No. 03CV1038.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices YATES and ANDERSON.
MEMORANDUM OPINION
This is an attempted appeal from an Order Denying Plaintiffs' Proof of Service on Defendants, signed December 5, 2005. Appellants filed their notice of appeal on December 7, 2005. On December 28, 2005, appellees filed a motion to dismiss the appeal for lack of jurisdiction. The motion is granted.
The trial court's order signed December 5, 2005, is interlocutory. The order recites that "[t]here has been no effective service on any Defendant in this case." The order does not dispose of all parties and claims and it is not made appealable by statute. See North East I.S.D. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966) (holding that appellate courts generally only have jurisdiction over final judgments unless an interlocutory order is specifically made appealable by statute). When an appellant attempts to appeal an interlocutory order that is not expressly made appealable by statute, we have no jurisdiction except to dismiss the appeal. Harper v. Welchem, Inc., 799 S.W.2d 492, 496 (Tex.App.-Houston [14th Dist.] 1990, no writ).
Accordingly, the appeal is ordered dismissed.