Opinion
No. 14-08-01001-CV
Opinion filed April 9, 2009.
On Appeal from the 189th District Court Harris County, Texas, Trial Court Cause No. 2008-45365.
Panel consists of Justices ANDERSON, GUZMAN, and BOYCE.
MEMORANDUM OPINION
This is an attempted accelerated appeal from an order signed October 3, 2008. The clerk's record was filed on March 2, 2009.
Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).
The notice of appeal indicates appellant is appealing an order, signed on October 3, 2009, sustaining the contest to appellant's affidavit of indigence. This order is not a final judgment or an appealable interlocutory order. See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (appeal may be had only from final orders or judgments; interlocutory orders are appealable only if permitted by statute).
On March 4, 2008, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before March 16, 2009. See TEX. R. APP. P. 42.3(a).
Appellant filed a response to this court's notice. The response enclosed 4 copies of the trial court's order, dated October 3, 2008. Appellant's response fails to demonstrate that this court has jurisdiction over the appeal.
Accordingly, the appeal is ordered dismissed.