In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-04-370 CV
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IN THE INTEREST OF D.J.W.
Montgomery County, Texas
Trial Cause No. 93-02-00382-CV
On November 4, 2004, we notified the parties that the appeal appeared to be interlocutory because the judgment did not dispose of all of the claims in controversy. Neither party to the appeal replied to our inquiry regarding jurisdiction.
The Court finds no final judgment has issued. Subject to certain statutory exceptions not applicable in this case, only final judgments are appealable. Tex. Civ. Prac. & Rem. Code Ann. § 51.012, 51.014 (Vernon 1997 & Supp. 2005). A prematurely filed notice of appeal is effective and deemed filed on the day of, but after, the event that begins the period for perfecting the appeal. Tex. R. App. P. 27.1(a). In this case, however, that act which will begin the period for perfecting the appeal-signing the judgment-has not occurred. 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 FOR LACK OF JURISDICTION.
PER CURIAM
Opinion Delivered December 16, 2004
Before McKeithen, C.J., Burgess and Gaultney, JJ.
1. Tex. R. App. P. 47.4.