Opinion
No. 05-11-00872-CV
Opinion issued October 28, 2011.
On Appeal from the 116th Judicial District Court Dallas County, Texas, Trial Court Cause No. DC-10-04097-F.
Before Justices FITZGERALD, FRANCIS, and LANG-MIERS.
MEMORANDUM OPINION
By letter dated September 30, 2011, we notified the parties that we had a question concerning our jurisdiction over the appeal. Specifically, the order appellant is appealing reserves one of his causes of action and states that trial will proceed as to that claim. Appellate courts have jurisdiction over final judgments and such interlocutory orders as the legislature deems appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex. App.-El Paso 1997, no writ). We directed the parties to file letter briefs addressing our jurisdiction over the appeal. Appellant's letter brief was due by October 10, 2011. To date, appellant has neither filed a jurisdictional letter brief nor communicated with the Court regarding the status of his letter brief. In this Court's letter, we cautioned appellant that failure to file the requested jurisdictional brief may result in dismissal of the appeal without further notice.
Because there is no final judgment or otherwise appealable interlocutory order before the Court, we conclude we have no jurisdiction over the appeal. See Lehmann, 39 S.W.3d at 195. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).