In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-05-442 CV
____________________
JOHN C. SPURLOCK, Appellant
V.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE -
INMATE TRUST FUND, AND JAMES W. BRIGHT, Appellees
Polk County, Texas
Trial Cause No. 21514
On November 10, 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 filed a response.
The notice of appeal seeks to appeal the denial of "Plaintiff's Motion to Compel More Definite Statement" in a garnishment proceeding. The order neither discharged the garnishment nor grants a judgment on the garnishment. See Tex. R. Civ. P. 666-669; Harrison v. Kell Jones & Son, 262 S.W.2d 763, 764 (Tex. Civ. App.- Beaumont 1953, no writ). An order in a garnishment action is not appealable where it does not dispose of the primary issue drawn by the pleadings. Texlite, Inc. v. Liberty State Bank, 150 S.W.2d 822, 823 (Tex. Civ. App. - Waco 1941, no writ). The appeal is dismissed for want of jurisdiction.
APPEAL DISMISSED FOR LACK OF JURISDICTION.
___________________________
CHARLES KREGER
Justice
Opinion Delivered January 12, 2006
Before McKeithen, C.J., Gaultney and Kreger, JJ.