Opinion
NO. 14-14-00520-CV
10-16-2014
JEFFREY YATES, Appellant v. TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee
On Appeal from the 295th District Court Harris County, Texas
Trial Court Cause No. 2014-24147
MEMORANDUM OPINION
This is an attempted appeal from an order sustaining a contest to appellant's affidavit of indigence signed July 31, 2014. The clerk's record was filed September 16, 2014. The record reflects that the trial court has not signed a final judgment in this case.
On September 17, 2014, this court notified appellant that the appeal was subject to dismissal for want of jurisdiction unless he filed a response demonstrating that the trial court has signed a final appealable order. In response, appellant filed a motion to abate the appeal until the trial court signs a final judgment in the case below. A prematurely filed notice of appeal is effective to perfect an appeal. See Tex. R. App. P. 27.1(a). Although we have the option to allow an appealed order that is not final to be modified so as to be made final and appealable, see Tex. R. App. P. 27.2, given the procedural posture of this case, we decline to exercise our discretion to abate the appeal.
Generally, appellate courts have jurisdiction to review a trial court's rulings only after entry of a judgment finally disposing of the case. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex.1998). An interlocutory order sustaining a contest to an affidavit of indigence for payment of trial court costs is not appealable. See In re Ross, 394 S.W.3d 262, 263 (Tex. App.—Houston [1st Dist.] 2012, no pet.).
Accordingly, the appeal is ordered dismissed without prejudice to filing a new appeal after a final judgment has been signed.
PER CURIAM Panel consists of Chief Justice Frost and Justices Christopher and Busby.