DocketNumber： 14-10-01136-CV
Filed Date： 1/20/2011
Status： Precedential
Modified Date： 9/23/2015
Dismissed and Memorandum Opinion filed January 20, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-10-01136-CV
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JAMES ELMO CANION, Appellant
V.
DAVID R. MURPHY, Appellee
On Appeal from the 61st District Court
Harris County, Texas
Trial Court Cause No. 1982-46741
MEMORANDUM OPINION
This is an attempted appeal from an order signed October 21, 2010. The clerk’s record was filed December 28, 2010.
Generally, appeals may be taken only from final judgments. Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).
Appellant is attempting to appeal an order denying his Motion to Vacate Order Reviving Judgment, which is interlocutory. In his notice of appeal, appellant attempts to appeal the interlocutory order pursuant to section 51.014(a)(7) of the Texas Civil Practice and Remedies Code. Section 51.014(a)(7) permits a person to appeal an interlocutory order that “grants or denies the special appearance of a defendant under Rule 120a, Texas Rules of Civil Procedure[.]” In appellant’s Motion to Vacate Order Reviving Judgment he alleged the trial court lacked jurisdiction to revive a judgment against him because appellee failed to obtain a writ of scire facias within the time prescribed by law. Appellant did not file a special appearance under Rule 120a, nor did the trial court rule on the issue of personal jurisdiction over appellant.
On December 7, 2010, appellee filed a motion to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellee’s motion is granted.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Justices Anderson, Seymore, and McCally.