Michael Hosea v. John P. Bolton and Brenda G. Williams

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-09-00493-CV ____________________

MICHAEL HOSEA, Appellant

V.

JOHN P. BOLTON and BRENDA G. WILLIAMS, Appellees

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On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV24942

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MEMORANDUM OPINION

On November 5, 2009, the Court notified the parties that our jurisdiction was not apparent from the notice of appeal, and warned the parties that the appeal would be dismissed unless our jurisdiction was established. No response has been filed.

The notice of appeal recites that the order signed in this case is not appealable absent agreement of the parties and a written order permitting an interlocutory appeal. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d) (Vernon 2008). The trial court denied the appellant's request for an order permitting an interlocutory appeal. No final judgment has issued. Subject to certain statutory exceptions not applicable in this case, only final judgments are appealable. Id. § 51.012. Accordingly, we hold the jurisdiction over this case is still vested in the trial court. The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered January 21, 2010

Before McKeithen, C.J., Kreger and Horton, JJ.