Opinion
No. 10-03-014-CV.
Opinion delivered and filed March 12, 2003.
Appeal from the 82nd District Court, Falls County, Texas, Trial Court #34,265.
Appeal dismissed for want of jurisdiction.
Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.
MEMORANDUM OPINION
D'Ann Ward and D'Gena Thompson filed a legal malpractice suit against Kenneth L. Combs and Craig M. Daugherty in Falls County complaining about the manner in which the attorneys litigated Ward's personal injury claim in Bell County. Daugherty filed a motion to transfer venue to Smith County. The court granted Daugherty's motion after hearing. Ward and Thompson filed this interlocutory appeal.
This Court has jurisdiction over an interlocutory appeal only when expressly provided by statute. Stary v. DeBord, 967 S.W.3d 352, 352-53 (Tex. 1998); Chase Manhattan Bank v. Bowles, 52 S.W.3d 871, 878 (Tex.App.-Waco 2001, no pet.). The venue statutes expressly prohibit an interlocutory appeal of an adverse venue determination. Tex. Civ. Prac. Rem. Code Ann. § 15.064(a) (Vernon 2002); Surgitek v. Abel, 997 S.W.2d 598, 601 (Tex. 1999); Am. Home Prods. v. Clark, 999 S.W.2d 908, 910 (Tex.App.-Waco 1999), aff'd, 38 S.W.3d 92 (Tex. 2000).
We notified Appellants by letter dated January 23, 2003 that their appeal appears subject to dismissal for want of jurisdiction. We warned them that the appeal could be dismissed if they did not file a response within ten days thereafter showing grounds for continuing the appeal. See Tex.R.App.P. 42.3(a), 44.3. They have not responded.
Accordingly, we dismiss their appeal for want of jurisdiction. Appellants shall pay all costs of court in this behalf expended.