james-d-strachan-v-marie-j-starich-byron-k-barclay-lori-a-hood-and ( 2009 )

Dismissed and Memorandum Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00424-CV

____________

JAMES D. STRACHAN, Appellant

V.

MARIE J. STARICH, BYRON K. BARCLAY, LORI A. HOOD, AND THE HONORABLE JAMES H. SHOEMAKE, INDIVIDUALLY AND IN HIS CAPACITY AS JUDGE, 434TH DISTRICT COURT, Appellees

On Appeal from the 434th District Court

Fort Bend County, Texas

Trial Court Cause No. 08-DCV-163648

M E M O R A N D U M  O P I N I O N

This is an attempted appeal from an order signed April 2, 2009.  The clerk’s record was filed on May 12, 2009.  It appears from the record the order being appealed is not a final appealable judgment.

On September 3, 2009, we abated this appeal for the trial court to clarify whether the judgment is final and to permit the parties to obtain an order or orders, if necessary.  On September 24, 2009, appellant filed a motion to withdraw that order. 

            In his motion, appellant conceded there is no final judgment in the underlying case.  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 permitted by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).

This court withdrew its September 3, 2009, abatement order and ordered appellant to file a response demonstrating meritorious grounds for continuing the appeal or the appeal would be dismissed.  See Tex. R. App. P. 42.3(a).

            Appellant’s response fails to demonstrate that this court has jurisdiction over the appeal.  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Yates, Anderson, and Boyce.