Adage, Inc. D/B/A Neighbors Convenience Store v. Matthew Fowler ( 2014 )


Menu:
  • Opinion filed February 6, 2014
    In The
    Eleventh Court of Appeals
    __________
    No. 11-14-00001-CV
    __________
    ADAGE, INC. D/B/A NEIGHBORS CONVENIENCE STORE,
    Appellant
    V.
    MATTHEW FOWLER, Appellee
    On Appeal from the 118th District Court
    Howard County, Texas
    Trial Court Cause No. 49225
    MEMORANDUM OPINION
    Adage, Inc. d/b/a Neighbors Convenience Store filed a notice of appeal from
    the trial court’s order granting a new trial. By letter dated January 7, 2014, this
    court informed Appellant that the order from which Appellant attempted to appeal
    did not appear to be an appealable order. See Fruehauf Corp. v. Carrillo, 
    848 S.W.2d 83
    , 84 (Tex. 1993) (“An order granting a new trial is an unappealable,
    interlocutory order.”).         We requested that Appellant respond on or before
    January 17, 2014, and we informed Appellant that this appeal would be subject to
    dismissal if Appellant failed to file a response and show grounds to continue the
    appeal. TEX. R. APP. P. 42.3. Appellant has not filed a response.1
    Unless specifically authorized by statute, appeals may be taken only from
    final judgments. Tex. A & M Univ. Sys. v. Koseoglu, 
    233 S.W.3d 835
    , 840–41
    (Tex. 2007); Lehmann v. Har-Con Corp., 
    39 S.W.3d 191
    (Tex. 2001). The order
    granting a new trial is not an appealable order. 
    Fruehauf, 848 S.W.2d at 84
    .
    Consequently, we have no jurisdiction to consider this appeal and, pursuant to
    Rule 42.3(a), dismiss the appeal.
    This appeal is dismissed for want of jurisdiction.
    PER CURIAM
    February 6, 2014
    Panel consists of: Wright, C.J.,
    Willson, J., and Bailey, J.
    1
    We note also that Appellant has failed to remit the required filing fee as requested by this court.
    2
    

Document Info

Docket Number: 11-14-00001-CV

Filed Date: 2/6/2014

Precedential Status: Precedential

Modified Date: 10/16/2015