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Rowe v. Nguyen

Court of Appeals of Texas, Second District, Fort Worth
May 3, 2007
No. 02-07-109-CV (Tex. App. May. 3, 2007)

Opinion

No. 02-07-109-CV.

Delivered: May 3, 2007.

Appeal from Ustice Court, Precinct One of Tarrant County.

PANEL D: HOLMAN, GARDNER, and WALKER, JJ.


MEMORANDUM OPINION


Appellant Gregory D. Rowe is attempting to appeal from an order of a Justice of the Peace which grants a motion for continuance for a hearing on a pauper's affidavit. On April 4, 2007, we notified Appellant of our concern that we lacked jurisdiction over the appeal and that, unless he filed a response showing grounds for continuing the appeal, the appeal was subject to dismissal for want of jurisdiction. Appellant's response does not show grounds for continuing this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (providing general rule that an appeal may be taken only from a final judgment); TEX. CIV. PRAC. REM. CODE ANN. § 51.014 (Vernon Supp. 2006) (listing types of appealable interlocutory orders); see also TEX. GOV'T CODE ANN. § 28.052 (Vernon Supp. 2006) (stating that appeal from final judgment in justice of peace court acting as small claims court is to the county court or county court at law); TEX. R. CIV. P. 571-574b (pertaining to perfecting appeal from justice court to county court).

See TEX. R. APP. P. 42.3(a), 43.2(f); Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998) (holding appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly provides appellate jurisdiction).


Summaries of

Rowe v. Nguyen

Court of Appeals of Texas, Second District, Fort Worth
May 3, 2007
No. 02-07-109-CV (Tex. App. May. 3, 2007)
Case details for

Rowe v. Nguyen

Case Details

Full title:GREGORY D. ROWE, APPELLANT v. BINH DUC NGUYEN, APPELLEE

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: May 3, 2007

Citations

No. 02-07-109-CV (Tex. App. May. 3, 2007)