|
|
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-109-CV
GREGORY D. ROWE APPELLANT
V.
BINH DUC NGUYEN APPELLEE
------------
FROM JUSTICE COURT, PRECINCT ONE OF TARRANT COUNTY
------------
MEMORANDUM OPINION[1]
------------
Appellant Gregory D. Rowe is attempting to appeal from an order of a Justice of the Peace which grants a motion for continuance for a hearing on a pauper=s affidavit. On April 4, 2007, we notified Appellant of our concern that we lacked jurisdiction over the appeal and that, unless he filed a response showing grounds for continuing the appeal, the appeal was subject to dismissal for want of jurisdiction.[2] Appellant=s response does not show grounds for continuing this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.[3]
PER CURIAM
PANEL D: HOLMAN, GARDNER, and WALKER, JJ.
DELIVERED: May 3, 2007
[1]See Tex. R. App. P. 47.4.
[2]See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (providing general rule that an appeal may be taken only from a final judgment); Tex. Civ. Prac. & Rem. Code Ann. ' 51.014 (Vernon Supp. 2006) (listing types of appealable interlocutory orders); see also Tex. Gov=t Code Ann. ' 28.052 (Vernon Supp. 2006) (stating that appeal from final judgment in justice of peace court acting as small claims court is to the county court or county court at law); Tex. R. Civ. P. 571-574b (pertaining to perfecting appeal from justice court to county court).
[3]See Tex. R. App. P. 42.3(a), 43.2(f); Stary v. DeBord, 967 S.W.2d 352, 352‑53 (Tex. 1998) (holding appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly provides appellate jurisdiction).