Robert Kilsby and Deborah Negrini v. Mid Century Insurance Company of Texas, Famers Texas County Mutual Insurance Company, and Fire Insurance Exchange

Dismissed and Memorandum Opinion filed April 3, 2008

Dismissed and Memorandum Opinion filed April 3, 2008.

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-07-00981-CV

____________

 

ROBERT KILSBY AND DEBORAH NEGRINI, Appellants

 

V.

 

MID CENTURY INSURANCE COMPANY OF TEXAS, FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY,

AND FIRE INSURANCE EXCHANGE, Appellees

 

 

On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Cause No. 2007-54934

 

 

M E M O R A N D U M  O P I N I O N

 

This is an attempted appeal from an order signed October 19, 2007, sustaining the contest to appellants= affidavit of inability to pay costs.  The clerk=s record was filed on February 4, 2008.  The record reveals that no final judgment has been entered in this case.         Generally, appeals may be taken only from final judgments.  Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  Interlocutory orders may be appealed only if permitted by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). 

On February 13, 2008, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellants filed a response on or before February 25, 2008, demonstrating grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a).  On February 15, 2008, appellants filed two motions, for extension of time and to stay proceedings, and an affidavit of indigency.  Appellants= notice of appeal states the appeal is from the trial court=s order sustaining a contest to their pauper=s oath.

Appellants= response fails to demonstrate that this court has jurisdiction over the appeal.  There is no statutory grant of the right to immediately appeal, before entry of final judgment, the matter about which appellants complain.  See, e.g., Tex. Civ. Prac. & Rem. Code Ann. ' 51.014 (Vernon Supp.2006). Therefore, this court lacks jurisdiction of this attempted interlocutory appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

 

Judgment rendered and Memorandum Opinion filed April 3, 2008.

Panel consists of Justices Fowler, Frost, and Seymore.