Opinion
No. 10-06-00279-CV
Opinion delivered and filed February 7, 2007.
Appeal from the 12th District Court, Walker County, Texas, Trial Court No. 23416.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
On December 22, 2006, we notified Appellant Donald 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. 2006) (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).
Additionally, the trial court's August 3, 2006 order, noted in the notice of appeal, declaring McCray to be a vexatious litigant, was vacated in an August 31, 2006 order.
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).
McCray, a prison inmate, filed in the trial court an affidavit of indigence with his notice of appeal, and the affidavit was not contested. TEX. R. APP. P. 20.1(c)(1), (e). His indigent status is, therefore, recognized in this appeal only. Id. 20.1(f), (m).
(Chief Justice Gray notes that footnote 1 is outside the record in this appeal and that we advised McCray that "the Court may dismiss the appeal unless, within 21 days from the date of this letter, a response is filed showing grounds for continuing the appeal.")
Appeal dismissed