Jamal Ebron v. Michael Jones ( 2012 )

Opinion issued June 28, 2012.
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00171-CV
____________
JAMAL EBRON, Appellant
V.
MICHAEL JONES, Appellee
On Appeal from the County Civil Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 1005887
MEMORANDUM OPINION
This is an attempted appeal from a ruling by the trial court ordering that
appellant pay the costs of his suit in the trial court. 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 authorized by statute. Bally
Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001).
Appellant has provided no evidence that a final judgment has been entered in
this pending case. Appellant cites no authority, and we have found none, providing
for an interlocutory appeal to be taken from a trial court’s order that appellant pay
the costs of his suit. See generally TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)
(West Supp. 2011); see, e.g., Minnfee v. Lexington, No. 04-09-00770-CV, 2010 WL
381367, at *1 (Tex. App.—San Antonio Feb. 3, 2010, no pet.) (mem. op.)
(dismissing appeal of order on motion to rule for costs); Aguilar v. Texas La Fiesta
Auto Sales LLC, No. 01-08-00653-CV, 2009 WL 1562838, at *1 (Tex. App.—
Houston [1st Dist.] June 4, 2009, no pet.) (mem. op.) (dismissing appeal of order
sustaining contest to affidavit of indigence for trial court costs). We may review a
challenge to an order sustaining a contest to an affidavit of indigence only when it is
made as part of a pending appeal from a final judgment or other appealable order.
See TEX. R. APP. P. 20.1; In re Arroyo, 988 S.W.2d 737, 738–39 (Tex. 1998).
On April 26, 2012, the Court notified the parties of its intent to dismiss the
appeal for want of jurisdiction unless appellant filed a response demonstrating this
court’s jurisdiction on or before May 7, 2012. See TEX. R. APP. P. 42.3(a).
Appellant has not filed a response.
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Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 42.3(a), 43.2(f). We dismiss any other pending motions as moot.
PER CURIAM
Panel consists of Justices Higley, Sharp, and Huddle.
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