Kenneth Ford v. Brian K. Clendennen ( 2004 )


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    In The



    Court of Appeals



    Ninth District of Texas at Beaumont



    ____________________



    NO. 09-03-510 CV

    ____________________



    KENNETH D. FORD, Appellant



    V.



    BRIAN K. CLENDENNEN, Appellee




    On Appeal from the 411th District Court

    Polk County, Texas

    Trial Cause No. CIV 20190




    MEMORANDUM OPINION (1)  

    On November 3, 2003, the Court received the notice of appeal in this appeal. On November 13, 2003, we notified the parties that the appeal appeared to be interlocutory because the final judgment had not been signed by the trial court. On February 3, 2004, the appellant filed a response in which he contends that the trial court's order to furnish security is an appealable order. See Tex. Civ. Prac. & Rem. Code Ann. § 11.055 (Vernon 2002). He does not contend that the trial court subsequently dismissed the litigation for failure to furnish security. See Tex. Civ. Prac. & Rem. Code Ann. § 11.056 (Vernon 2002).

    The Court finds no final judgment has issued. Subject to certain statutory exceptions not applicable in this case, only final judgments are appealable. Tex. Civ. Prac. & Rem. Code Ann. § 51.012, 51.014 (Vernon 1997 & Supp. 2004). A prematurely filed notice of appeal is effective and deemed filed on the day of, but after, the event that begins the period for perfecting the appeal. Tex. R. App. P. 27.1(a). In this case, however, the act which will begin the period for perfecting the appeal-signing the judgment-has not occurred. Accordingly, we hold the jurisdiction over this case is still vested in the trial court. This appeal is dismissed for want of jurisdiction.

    APPEAL DISMISSED FOR LACK OF JURISDICTION.

    PER CURIAM



    Opinion Delivered February 5, 2004

    Before McKeithen, C.J., Burgess and Gaultney, JJ.

    1. Tex. R. App. P. 47.4.

Document Info

Docket Number: 09-03-00510-CV

Filed Date: 2/5/2004

Precedential Status: Precedential

Modified Date: 9/9/2015