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Mitchell v. Dretke

Court of Appeals of Texas, Tenth District, Waco
May 28, 2008
No. 10-08-00139-CV (Tex. App. May. 28, 2008)

Opinion

No. 10-08-00139-CV

Opinion delivered and filed May 28, 2008.

Appeal from the 278th District Court Walker County, Texas, Trial Court No. 23,349.

Appeal dismissed.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


Maurice Mitchell brings this appeal from an interlocutory order denying his motion for default judgment. However, there is no statute authorizing an interlocutory appeal from such an order. See Tex. AM Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840 (Tex. 2007) ("Appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly provides such jurisdiction."). Accordingly, the Clerk of this Court notified Mitchell that the appeal is subject to dismissal for want of jurisdiction and may be dismissed if a response showing grounds for continuing the appeal was not filed within twenty-one days.

At the same time as notice was being sent to Mitchell, he filed a "Voluntary Dismissal of Appellant's Interlocutory Notice of Appeal The Appeal." And after the notice was sent, Mitchell filed "Appellant's Request to Expedite a Ruling" on the dismissal motion.

Mitchell's pleadings do not state a basis for this Court to exercise jurisdiction other than to dismiss the appeal. Accordingly, we grant the motion to dismiss and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).


Summaries of

Mitchell v. Dretke

Court of Appeals of Texas, Tenth District, Waco
May 28, 2008
No. 10-08-00139-CV (Tex. App. May. 28, 2008)
Case details for

Mitchell v. Dretke

Case Details

Full title:MAURICE MITCHELL, Appellant v. DOUG DRETKE, ET AL., Appellees

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: May 28, 2008

Citations

No. 10-08-00139-CV (Tex. App. May. 28, 2008)