Opinion
No. 05-08-01337-CV
Opinion Filed November 17, 2008.
On Appeal from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 06-09635-E.
Before Justices BRIDGES, FITZGERALD, and LANG.
MEMORANDUM OPINION
On October 2, 2008, appellant filed a notice of appeal referencing an October 2, 2008 judgment. He then delivered a copy to this Court on which he had crossed out the reference to the October 2, 2008 judgment and wrote in "1-22-07." Because it appeared appellant's notice of appeal was untimely as to the January 22, 2007 judgment and the only other orders in the clerk's record were interlocutory, we asked the parties to file letter briefs addressing our jurisdiction over the appeal. Appellant did not respond.
The trial court's judgment was signed on January 9, 2007. No post-judgment motion was filed that would extend the time to file the notice of appeal. Therefore, the notice of appeal was due by February 8, 2007. See Tex. R. App. P. 26.1. On September 19, 2008, the trial judge issued a "Show Cause Order on Motion for Contempt," setting a hearing for December 1, 2008. The show cause order is not an appealable order. See generally Tex. Civ. Prac. Rem. Code Ann. § 51.014 (Vernon 2008) (identifying appealable interlocutory orders).
Because the notice of appeal is untimely as to the default judgment and there is no other appealable order before the Court, we dismiss the appeal for want of jurisdiction.