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Kindle v. Roberts Law Firm

Court of Appeals of Texas, Sixth District, Texarkana
Feb 15, 2007
No. 06-07-00007-CV (Tex. App. Feb. 15, 2007)

Opinion

No. 06-07-00007-CV

Date Submitted: February 14, 2007.

Date Decided: February 15, 2007.

On Appeal from the 402nd Judicial District Court Wood County, Texas, Trial Court No. 2006-392.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.


MEMORANDUM OPINION


Appellant, Buddy Kindle, filed a notice of appeal January 18, 2007, from an order transferring venue signed December 7, 2006. This order from which appeal is taken transferred venue from Wood County to Smith County.

Had this been an appealable interlocutory order, Kindle's appeal would have been due to have been filed within twenty days of the date the order was signed. See Tex. R. App. P. 26.1(b). The notice of appeal is untimely.

In addition to the issue of timeliness, the trial court's order transferring venue does not constitute a final, appealable order. Unless otherwise statutorily authorized, an appeal may be made only from a final judgment. See Tex. Civ. Prac. Rem. Code Ann. § 51.012 (Vernon 1997), § 51.014 (Vernon Supp. 2006). Further, Section 15.064(a) of the Texas Civil Practices and Remedies Code explicitly states that no interlocutory appeal shall lie from the determination of a venue hearing. Tex. Civ. Prac. Rem. Code Ann. § 15.064(a) (Vernon 2002).

Accordingly, we dismiss this appeal for want of jurisdiction.


Summaries of

Kindle v. Roberts Law Firm

Court of Appeals of Texas, Sixth District, Texarkana
Feb 15, 2007
No. 06-07-00007-CV (Tex. App. Feb. 15, 2007)
Case details for

Kindle v. Roberts Law Firm

Case Details

Full title:BUDDY KINDLE, Appellant v. THE ROBERTS LAW FIRM, ET AL., Appellees

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Feb 15, 2007

Citations

No. 06-07-00007-CV (Tex. App. Feb. 15, 2007)