Opinion
No. 06-15-00089-CV
01-11-2016
On Appeal from the 336th District Court Fannin County, Texas
Trial Court No. FA-14-41610 Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION
Randall Lasiter appeals from the trial court's September 18, 2015, "Order Retaining Case and Setting Hearing Dates" and denial of his motion to dismiss as a matter of law. By letter of November 23, 2015, we notified Lasiter that it appeared we lacked jurisdiction over this appeal because the order appealed from is neither a final judgment nor an appealable order. We afforded Lasiter ten days to demonstrate proper grounds for our retention of the appeal. Having received no response as of January 5, 2016, we sua sponte consider our jurisdiction over the appeal.
Our jurisdiction, as an appellate court, is constitutional and statutory in nature. See TEX. CONST. art. V, § 6; TEX. GOV'T CODE ANN. § 22.220 (West Supp. 2015). Unless we are given specific authority over an interlocutory appeal from a particular type of order, we have jurisdiction only over appeals from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see In re Dep't of Family & Protective Servs., 273 S.W.3d 637, 644 (Tex. 2009) (noting Section 263.405 of the Texas Family Code provides for direct appeal from final orders). The trial court's September 18 order in this case is unquestionably interlocutory in nature.
Accordingly, we dismiss the appeal for want of jurisdiction.
Ralph K. Burgess
Justice Date Submitted: January 8, 2016
Date Decided: January 11, 2016