11th Court of Appeals
Eastland, Texas
Opinion
David B. Smith
Appellant
Vs. No. 11-02-00287-CV B Appeal from Taylor County
American Modern Lloyd=s Insurance Company et al
Appellees
On October 15, 2002, the clerk=s record was received in this court. The record contains a document titled ANotice of Interlocutory Appeal@ which states that appellant desires to appeal from a September 20, 2002, order entered by the 42nd District Court in Taylor County transferring his pro se suit to the 104th District Court in Taylor County. However, the clerk=s record does not contain the September 20 order but does contain orders entered by the 42nd District Court after September 20. The clerk of this court advised the parties in a letter dated October 15 that the clerk=s record did not contain the September 20 order and that it did not appear from the statements in appellant=s notice of appeal that this court had jurisdiction to entertain this appeal. Appellant was directed to respond within ten days from the date of the letter. TEX.R.APP.P. 42.3.
On October 25, 2002, appellant tendered his Abrief on interlocutory appeal and petition for writ of mandamus and/or discretionary review.@ In his brief, appellant contends that the 42nd District Court erred when it, Awithout written order or procedure,@ caused the Aabusive, capricious and injurious transfer@ of his lawsuit. Appellant also complains that the trial court allowed two of the defendants to file a joint answer; that both the 42nd and the 104th District Courts abused their discretion because their Aacts were arbitrary, capricious and invoked confusion, commingled issues, scandal and prejudice@; and that the rules of procedure were not followed. Appellant does not state the jurisdictional authority that this court has to entertain this appeal.
Appellees have filed three motions to dismiss the appeal for want of jurisdiction: on October 11, 2002, and on October 16, 2002. Upon the filing of each of these motions, the clerk of this court wrote appellant and requested a response. Appellant has failed to respond to either motion.
We have been unable to determine any jurisdictional grounds for entertaining this appeal. Therefore, appellees= motions to dismiss are granted, and the appeal is dismissed for want of jurisdiction.
PER CURIAM
December 12, 2002
Do not publish. See TEX.R.APP.P. 47.3(b).
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.