Bradley Lane Croft v. Cherie Jeffcoat ( 2011 )


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  •                                   MEMORANDUM OPINION
    No. 04-11-00458-CV
    Bradley Lane CROFT,
    Appellant
    v.
    Cherie JEFFCOAT,
    Appellee
    From the 45th Judicial District Court, Bexar County, Texas
    Trial Court No. 2011-CI-03809
    Honorable Antonia Arteaga, Judge Presiding
    PER CURIAM
    Sitting:          Catherine Stone, Chief Justice
    Karen Angelini, Justice
    Sandee Bryan Marion, Justice
    Delivered and Filed: October 5, 2011
    DISMISSED FOR LACK OF JURISDICTION
    Appellant’s notice of appeal states his intent to appeal the trial court’s order denying his
    motion to reconsider a motion to recover trust property.                An order on a motion for
    reconsideration is not an appealable order. State Office of Risk Mgmt. v. Berdan, 
    335 S.W.3d 421
    , 428 (Tex. App.—Corpus Christi 2011, pet. filed); Digges v. Knowledge Alliance, Inc., 
    176 S.W.3d 463
    , 464 (Tex. App.—Houston [1st Dist.] 2004, no pet.). Moreover, the order permitting
    the appellee to have exclusive possession of the motor vehicle forming the basis of appellant’s
    04-11-00458-CV
    complaint is a temporary order in a family law case, and temporary orders are not appealable
    orders. See In re Cooper, 
    333 S.W.3d 656
    , 659 (Tex. App.—Dallas 2009, orig. proceeding).
    On August 29, 2011, appellant was ordered to show cause in writing why this appeal
    should not be dismissed for lack of jurisdiction. The deadline for appellant’s response was
    September 13, 2011. No response was filed. Because this court lacks jurisdiction over the order
    appellant seeks to appeal, this appeal is dismissed for lack of jurisdiction. Costs of the appeal are
    taxed against appellant.
    PER CURIAM
    -2-
    

Document Info

Docket Number: 04-11-00458-CV

Filed Date: 10/5/2011

Precedential Status: Precedential

Modified Date: 10/16/2015