in the Matter of the Marriage of Cynthia Irene Gilliland and Howard David Gilliland ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00224-CV
IN THE MATTER OF THE MARRIAGE OF CYNTHIA IRENE
GILLILAND AND HOWARD DAVID GILLILAND
From the 378th District Court
Ellis County, Texas
Trial Court No. 105342D
MEMORANDUM OPINION
The underlying case is a divorce proceeding between Appellant Howard David
Gilliland, Jr., and Appellee Cynthia Irene Gilliland. Appellant, acting pro se, filed a notice
of appeal from the trial court’s interlocutory “Order on Motion to Order Sale of Property
and Motion for Appointment of Receiver,” signed on August 20, 2021. The trial court’s
order states that Appellee’s Motion to Order Sale of Property and Motion for
Appointment of Receiver is granted. The order further provides: “The property is
ORDERED to be sold and the proceeds of the sale are to be placed into the registry of the
Court until further Order of this Court. There is no Order to appoint a receiver at this
time.”
This Court has no jurisdiction to hear an appeal from a judgment that is not final,
unless there is specific statutory authority permitting an appeal before final judgment.
See TEX. CIV. PRAC. & REM. CODE ANN. § 51.012. None of the exceptions to the rule that
only final judgments can be appealed applies in this case. See id. § 51.014 (listing
interlocutory orders that may be appealed before final judgment is rendered in the case).
On September 13, 2021, we issued an order notifying the parties that the Court
may dismiss this appeal unless, within ten days of the date of the order, Appellant
showed grounds for continuing the appeal. No response has been received from
Appellant. Accordingly, this appeal is dismissed for want of jurisdiction. See TEX. R. APP.
P. 42.3(a).
Furthermore, we lift our stay of the trial court’s August 20, 2021 Order on Motion
to Order Sale of Property and Motion for Appointment of Receiver.
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Dismissed
Opinion delivered and filed October 6, 2021
[CV06]
In re Marriage of Gilliland Page 2