Opinion
No. 05-09-00111-CV
Opinion Filed June 4, 2009.
On Appeal from the 191st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-05532-J.
Before Justices FITZGERALD, LANG, and FILLMORE.
MEMORANDUM OPINION
Appellant filed a notice of appeal challenging the trial court's December 30, 2008 order dismissing his case. Because the clerk's record did not contain the December 30, 2008 order, we directed the Dallas County District Clerk to file a supplemental record containing the December 30, 2008 order. We received correspondence from the clerk saying that the trial court's file does not contain such an order. Because it appeared there is no final judgment, we directed appellant to file a letter brief, by May 15, 2009, addressing our jurisdiction over the appeal. Appellant did not respond.
Appellate courts have jurisdiction over final judgments and such interlocutory orders as the legislature deems appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App. 1997, no writ). Because there is no final judgment or otherwise appealable interlocutory order before the Court, we conclude we have no jurisdiction over the appeal. We dismiss the appeal for want of jurisdiction.