11th Court of Appeals
Eastland, Texas
Memorandum Opinion
Sheila Kay Barnes
Appellant
Vs. No. 11-04-00082-CV B Appeal from Taylor County
Ronald Duane Barnes
Appellee
On March 17, 2004, this court received a notice of appeal filed by Sheila Kay Barnes. This notice of appeal was docketed in this court under Case No. 11-04-00082-CV. This notice of appeal did not indicate that Sheila Kay Barnes desired to appeal from a final judgment or other appealable order. We notified the parties in a letter dated March 29, 2004, that it did not appear that the trial court had entered a final, appealable order with reference to the notice of appeal filed under Case No. 11-04-00082-CV. We received no written response to our correspondence of March 29, 2004.
We received a second notice of appeal filed by Sheila Kay Barnes on May 10, 2004. The second notice of appeal references a final judgment entered by the trial court on April 8, 2004. The second notice of appeal was docketed in this court under Case No. 11-04-00148-CV.
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. 2004). Since the notice of appeal filed in Case No. 11-04-00082-CV did not reference an appealable order, this court lacks jurisdiction to entertain it. The appeal in Case No. 11-04-00082-CV is dismissed for want of jurisdiction. The dismissal of Case No. 11-04-00082-CV has no effect on the disposition of Case No. 11-04-00148-CV.
PER CURIAM
June 18, 2004
Not designated for publication. See TEX.R.APP.P. 47.2(a).
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.