Opinion
No. 09-09-00006-CV
Opinion Delivered March 5, 2009.
On Appeal from the County Court at Law No. 3, Montgomery County, Texas, Trial Cause No. 07-09-09376 CV.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
Khevaja Nazimuddin and Linda Nazimuddin filed a notice of accelerated appeal of the trial court's order declining jurisdiction of a suit affecting the parent-child relationship. We questioned our jurisdiction over the appeal and instructed the parties to file written responses. The appellants filed a response. On July 30, 2008, the trial court stayed the proceeding for ninety days to allow the parties to commence a proceeding in Arkansas "after which date the pending motion shall be dismissed." Although the order of July 30, 2008, contemplated the signing of an order of dismissal, the appellants contend no order of dismissal has been signed.
Although the trial court declined to exercise jurisdiction on grounds of forum non conveniens, the trial court did not sign an order dismissing the case. Thus, the trial court's order is not appealable as a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Fowler v. Fowler, No. 10-01-294-CV (Tex.App.-Waco Jan. 14, 2004, no pet.) (mem op.). Although we gave notice that the appeal was subject to dismissal, the appellants supplied no authority that supports the exercise of appellate jurisdiction at this time. Accordingly, the appeal is dismissed for lack of jurisdiction.
APPEAL DISMISSED.