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ROGERS v. FIA CARD

Court of Appeals of Texas, Fourteenth District, Houston
Oct 8, 2009
No. 14-09-00558-CV (Tex. App. Oct. 8, 2009)

Opinion

No. 14-09-00558-CV

Opinion filed October 8, 2009.

On Appeal from County Civil Court at Law No. 3 Harris County, Texas, Trial Court Cause No. 926,524.

Panel consists of Justices ANDERSON, GUZMAN, and BOYCE.


MEMORANDUM OPINION


This is an attempted appeal from an order signed June 2, 2009. The clerk's record was filed on July 2, 2009. Supplemental clerk's records were filed on September 3, 2009, and September 25, 2009.

Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). The record reflects the order signed June 2, 2009, is not the denial of a special appearance and therefore not appealable under Tex. Civ. Prac. Rem. Code § 51.014(a)(7).

On September 28, 2009, appellee filed a motion to dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Appellant's response fails to demonstrate that this court has jurisdiction over the appeal.

Appellee's motion is granted and the appeal is ordered dismissed.

The stay entered August 6, 2009, is accordingly lifted upon issuance of this opinion and judgment.


Summaries of

ROGERS v. FIA CARD

Court of Appeals of Texas, Fourteenth District, Houston
Oct 8, 2009
No. 14-09-00558-CV (Tex. App. Oct. 8, 2009)
Case details for

ROGERS v. FIA CARD

Case Details

Full title:NORIS ROGERS, Appellant v. FIA CARD SERVICES N.A. F/K/A MBNA AMERICA BANK…

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Oct 8, 2009

Citations

No. 14-09-00558-CV (Tex. App. Oct. 8, 2009)