Opinion
NO. 02-12-00162-CV
07-05-2012
CLYDE T. MOORE, JR. APPELLANT v. LESLIE G. MARTIN, P.C. APPELLEE
FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Clyde T. Moore, Jr. attempts to appeal from the trial court's order sustaining the county clerk's contest to his affidavit of inability to pay costs.After appellant filed his notice of appeal, we sent him a letter expressing our concern that we do not have jurisdiction because the order that appellant is appealing from is not a final judgment or an appealable interlocutory order. We informed appellant that unless he filed a response showing grounds for continuing the appeal, it could be dismissed for want of jurisdiction. Appellant filed a response, but it does not state adequate grounds for continuing the appeal.
See Tex. R. Civ. P. 145(b), (d).
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The general rule, with a few exceptions, is that an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001) ("A party may not appeal an interlocutory order unless authorized by statute."). A judgment is final when it actually disposes of all parties and claims or expressly and unequivocally states that it does so. Lehmann, 39 S.W.3d at 200-01, 204. The order at issue in this appeal does not meet this standard for finality, and it is not an appealable interlocutory order. See id.; Tilotta v. Smith-Tilotta, No. 01-09-00817-CV, 2010 WL 724592, at *1 (Tex. App.—Houston [1st Dist.] Mar. 4, 2010, no pet.) (mem. op.); Dyer v. Tex. Bd. of Pardons & Paroles, No. 01-08-00884-CV, 2010 WL 143422, at *1 (Tex. App.—Houston [1st Dist.] Jan. 14, 2010, no pet.) (mem. op.). We therefore dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.