Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-05-227 CV
____________________
RONALD EDWIN DUNCAN, Appellant
V.
BRETT PEABODY, Appellee
Montgomery County, Texas
Trial Cause No. 04-06-05037 CV
On June 23, 2005, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant did not file a response.
The notice of appeal seeks to appeal "the denial of citation" in a petition for removal of an Assistant District Attorney. No appealable order has been signed by the trial court. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). (1) The appeal is dismissed for want of jurisdiction.
APPEAL DISMISSED FOR LACK OF JURISDICTION.
___________________________
HOLLIS HORTON
Justice
Opinion Delivered August 11, 2005
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
1. It appears the appellant may have filed a petition to remove an assistant district attorney as one might petition to remove an elected county officer. The order signed by the trial court does not dismiss the case. We note, however, that no appeal may be taken from a dismissal of a petition to remove the elected district attorney where the trial court refused to issue citation. See Tex. Loc. Gov't Code Ann. § 87.016 (Vernon 1999).