Opinion
NO. 12-12-00310-CV
10-17-2012
IN THE MATTER OF THE MARRIAGE OF SHANNON DANIELLE GRIMES AND JASON WA YNE GRIMES
APPEAL FROM THE 294TH
JUDICIAL DISTRICT COURT
VAN ZANDT COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
On September 19, 2012, Appellant Jason Wayne Grimes filed a notice of appeal expressing his desire to "appeal from the order denying [Grimes's] Motion for New Trial." However, an order denying a motion for new trial is not appealable. Overka v. Bauri, No. 14-06-00083-CV, 2006 WL 2074688, at *1 (Tex. App.-Houston [14th Dist.] July 27, 2006, no pet.) (mem. op.). Therefore, on the date the notice of appeal was filed, this court notified Grimes, pursuant to Texas Rule of Appellate Procedure 37.1, that the information received in this appeal does not contain a final judgment or other appealable order. Grimes was further informed that the appeal would be dismissed if the information received in the appeal was not amended to show the jurisdiction of this court.
In response, Grimes informed the court that he is unable to provide a copy of the order he seeks to appeal because the trial court has not filed an order denying his motion for new trial. An order denying a motion for new trial is not appealable. Id. Therefore, providing a copy of the order would not show the jurisdiction of this court. Moreover, Grimes has not cited any other basis for his contention that this court has jurisdiction of the appeal. Accordingly, the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 37.1, 42.3. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)
JUDGMENT
NO. 12-12-00310-CV
IN THE MATTER OF THE MARRIAGE OF
SHANNON DANIELLE GRIMES
AND JASON WAYNE GRIMES
Appeal from the 294th Judicial District Court
of Van Zandt County, Texas. (Tr.Ct.No. 12-00099)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.