in the Interest of E.F., a Child ( 2008 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-339-CV
IN THE INTEREST OF E.F.,
A CHILD
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FROM THE 233RD DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Harry Matthew F. attempts to appeal from the trial court’s
interlocutory order, which ordered the parties to amend their pleadings. On
August 25, 2008, we sent Harry a letter stating our concern that we may have
no jurisdiction over this appeal because the order does not appear to be a final
appealable order or judgment, nor does it appear to be an appealable
interlocutory order. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)
(Vernon 2008) (listing appealable interlocutory orders); Lehmann v. Har-Con
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… See Tex. R. App. P. 47.4.
Corp., 39 S.W.3d 191, 195 (Tex. 2001) (providing general rule that an appeal
may be taken only from a final judgment). We indicated that this court would
dismiss this appeal if we did not receive a response showing grounds for
continuing the appeal by September 4, 2008. Harry filed a response on
September 4, 2008, arguing that the May 28, 2008 order disposed of all issues
“other than the enforcement of the arrearage, if any, that [is] owed by Harry.”
[Emphasis added.] Because the May 28, 2008 order does not dispose of all
issues, it is not a final judgment.
Accordingly, because the order is neither a final judgment nor an
appealable interlocutory order, we dismiss this appeal for want of jurisdiction.
See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL: WALKER, J.; CAYCE, C.J.; and MCCOY, J.
DELIVERED: September 25, 2008
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