James D. Strachan v. Marie Starich and James G. Strachan ( 2009 )

Dismissed and Memorandum Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00539-CV

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JAMES D. STRACHAN, Appellant

V.

MARIE STARICH AND JAMES G. STRACHAN, Appellees

On Appeal from the 434th District Court

Fort Bend County, Texas

Trial Court Cause No. 05-CV-146,261

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 May 29, 2009. The clerk’s record was filed on June 29, 2009.  On August 20, 2009, appellant was ordered to submit his brief and a motion reasonably explaining why the brief was late, on or before September 21, 2009.  On September 15, 2009, appellant filed a motion asking this court to withdraw its  August 20, 2009, order and suspend the timetable for filing his brief. 

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).   An order denying a motion to recuse may be appealed as part of the appeal from the final judgment or, in some cases, the party may be entitled to mandamus relief.  See In re Union Pac. Resources Co., 969 S.W.2d 427, 428-29 (Tex. 1998).

This court withdrew its August 20, 2009 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.