Opinion
No. 11-08-00013-CV
Opinion filed August 14, 2008.
On Appeal from the 238th District Court Midland County, Texas, Trial Court Cause No. CV46225.
Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.
MEMORANDUM OPINION
This appeal is one of four pro se appeals filed in this court by Carol Johnene Morris from Cause No. CV46225 out of the 238th District Court of Midland County. With respect to the present appeal, Morris filed "Petitioner's Notice of Appeal from Denial of Summary Judgment." After receiving the notice of appeal, the clerk of this court wrote the parties advising them that it appeared that the order Morris was challenging was not a final, appealable order and asking Morris to respond showing grounds for continuing the appeal. Morris promptly responded by outlining the history of the proceedings between the parties; she refers to various documents she has filed in both the trial court and this court and complains of the refusal of all involved to provide her with a free record. However, Morris has not established how this court has jurisdiction to entertain her appeal from the trial court's denial of her motion for summary judgment.
The other appeals are Cause No. 11-07-00357-CV, an attempted appeal from the denial of a motion for default judgment, which was dismissed on January 10, 2008; Cause No. 11-08-00124-CV, an appeal from an order sustaining a contest to Morris's claim of indigence (on this same day, we have affirmed the trial court's order finding that Morris is not entitled to proceed in forma pauperis on appeal); and Cause No. 11-08-00077-CV, an appeal from an order granting summary judgment and an order granting a plea to the jurisdiction (on this same day, we have dismissed that appeal).
It is well settled that an order denying a motion for summary judgment is not appealable unless a statute explicitly provides appellate jurisdiction. Astoria Indus. of Iowa, Inc. v. SNF, Inc., 223 S.W.3d 616, 627 (Tex.App.-Fort Worth 2007, pet. denied). Consequently, this court lacks jurisdiction to entertain this appeal.
The appeal is dismissed for want of jurisdiction.