Opinion
No. 10-07-00055-CV
Opinion delivered and filed March 12, 2008.
Appeal from the 12th District Court, Walker County, Texas, Trial Court No. 23416.
Appeal dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
(Chief Justice Gray concurs in the judgment with a note as follows: As described in my note to an order rendered in this proceeding on September 12, 2007, I would have dismissed this proceeding a long time ago.)
MEMORANDUM OPINION
In Cause No. 10-06-00279-CV, on February 7, 2007, this Court dismissed Appellant Donald McCray's appeal. McCray v. Allee, No. 10-06-00279-CV, 2007 WL 416412 (Tex.App.-Waco Feb. 7, 2007, no pet.). In that appeal the complained-of order was the trial court's August 3, 2006 order declaring McCray to be a vexatious litigant and requiring him to furnish $1,000 as security by February 1, 2007. Because McCray's cause in the trial court had not yet been dismissed and the August 3, 2006 order was not an appealable interlocutory order, we dismissed McCray's appeal in Cause No. 10-06-00279-CV for lack of jurisdiction. See id.
On February 26, 2007, McCray's notice of appeal in the same trial court cause (No. 23416) was filed and docketed in this Court as No. 10-07-00055-CV. We requested and have received a supplemental clerk's record in Cause No. 23416, and it contains an August 31, 2006 order vacating the complained-of August 3, 2006 order. The supplemental clerk's record contains no final judgment or order of dismissal.
In our January 18, 2008 letter, we notified McCray that this court may not have jurisdiction over this appeal because it appears that there is not an appealable interlocutory order or a final judgment in this case. See TEX. CIV. PRAC. REM. CODE ANN. § 51.014 (Vernon Supp. 2007) (listing types of interlocutory orders that are appealable); see, e.g., Phillips v. Phillips, 2004 WL 2903519 (Tex.App.-Houston [1st Dist.] Dec. 16, 2004, no pet.) (dismissing interlocutory appeal of order declaring plaintiff a vexatious litigant). We stated that the appeal might be dismissed for want of jurisdiction unless McCray filed with the court within twenty-one days a response showing grounds for continuing the appeal. McCray has filed a response, but it fails to show grounds for continuing the appeal. Because there is not an appealable order or a final judgment, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).