NO. 07-10-00370-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
APRIL 7, 2011
IN THE INTEREST OF J.D.O., JR., A CHILD
FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
NO. 74,608-D; HONORABLE DON R. EMERSON, JUDGE
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant Ja’Mario Oliver has filed a motion to dismiss his appeal. Tex. R. App. P. 42.1(a)(1). No decision of this Court having been delivered to date, we grant the motion and dismiss the appeal. Id. All costs herein having been paid, no order pertaining to the costs is made. No motion for rehearing from appellant will be entertained and our mandate will issue forthwith.
James T. Campbell
Justice
o this court of the June 1 case has not been filed. Indeed, ClayTex offers nothing demonstrating the June 1 case has produced a final, appealable judgment or an interlocutory order made appealable by statute. Moreover, Clay County is located in the Second Court of Appeals District and no order from the Supreme Court of Texas transferring the June 1 case to this court is presented.[1] Tex. Gov’t Code Ann. § 22.201(c) (Vernon 2004).
In a civil case, appeal is perfected by timely filing a notice of appeal. Cadzow v. Wells Fargo Banks, N.A., No. 07-09-0330-CV 2009 Tex. App. Lexis 9237, at *1 (Tex.App.--Amarillo Nov. 30, 2009) (mem. op.) (citing Tex. R. App. P. 25.1(a)). We have limited appellate jurisdiction “over final judgments and such interlocutory orders as the legislature deems appealable.” Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App.--El Paso 1997, no writ) (per curiam). Our appellate jurisdiction is generally limited to cases appealed from trial courts within our district. Brooks v. State, No. 07-07-0505-CR, 2008 Tex. App. Lexis 629, at *2 (Tex.App.--Amarillo Jan. 30, 2008, no pet.) (mem. op., not designated for publication). “Only the Supreme Court is authorized to transfer appellate cases.” Miles v. Ford Motor Co., 914 S.W.2d 135, 137 (Tex. 1995) (per curiam); Tex. Gov’t Code Ann. § 73.001 (Vernon 2005).
Because no perfected appeal of a final judgment or appealable interlocutory order from the June 1 case is before us and because the June 1 case was filed in a trial court outside our appellate district and no transfer order is of record, we are without jurisdiction to consider the merits of ClayTex’s motion. Accordingly, we dismiss the motion.
It is so ordered.
Per Curiam
[1] The present appeal was transferred to this court by docket equalization order of the Supreme Court of Texas.