Miriam Blank v. Jack Nuszen ( 2019 )

Opinion issued August 13, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00379-CV
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MIRIAM BLANK, Appellant
V.
JACK NUSZEN, Appellee
On Appeal from the 246th District Court
Harris County, Texas
Trial Court Case No. 2008-51454
MEMORANDUM OPINION
Appellant, Miriam Blank, has filed a notice of appeal of the trial court’s order
denying her motion to vacate a “Default Order in Suit To Modify Parent-Child
Relationship.” We dismiss the appeal for want of jurisdiction.
Generally, appellate courts have jurisdiction only over appeals from final
judgments. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ne.
Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). And an appellate
court also has jurisdiction to consider an appeal from an interlocutory order if a
statute explicitly provides jurisdiction. See CMH Homes v. Perez, 340 S.W.3d 444,
447–48 (Tex. 2011); Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992)
(orig. proceeding). In this case, the trial court’s order denying the motion to vacate
is neither an appealable interlocutory order nor a final judgment. See Lehmann, 39
S.W.3d at 195 (“A judgment is final for purposes of appeal if it disposes of all
pending parties and claims in the record, except as necessary to carry out the
decree.”); see, e.g., TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (authorizing
appeals from certain interlocutory orders).
Accordingly, the Clerk of this Court notified Blank that the appeal was subject
to dismissal for want of jurisdiction unless she caused to be filed a supplemental
clerk’s record containing documents showing that the trial court had signed a final,
or otherwise appealable, order or filed a written response showing how this Court
has jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a). Blank has not
responded.
We dismiss the appeal for want of jurisdiction and dismiss as moot all pending
motions.
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PER CURIAM
Panel consists of Justices Lloyd, Landau, and Countiss.
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