Opinion issued October 20, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00356-CV
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JOSEPH ANDRE DAVIS, Appellant
V.
FLOYD DANIEL LOPEZ, Appellee
On Appeal from the 245th District Court
Harris County, Texas
Trial Court Case No. 2014-58410
MEMORANDUM OPINION
Appellant, Joseph Andre Davis, has filed a notice of appeal attempting to
appeal from the “interlocutory judgment of 245th District Court Judge Roy L.
Moore on April 10, 2015 to set a trial date for Original Petition in Suit Affecting
the Parent–Child Relationship and all adverse interlocutory rulings that merged
into the judgment.” We dismiss the appeal for want of jurisdiction.
This Court has jurisdiction only over appeals from final judgments and those
interlocutory orders specifically authorized by statute. See Bison Bldg. Materials,
Ltd. v. Aldridge, 422 S.W.3d 582, 585 (Tex. 2012); CMH Homes v. Perez, 340
S.W.3d 444, 447–48 (Tex. 2011); Lehmann v. Har–Con Corp., 39 S.W.3d 191,
195 (Tex. 2001); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West
2015) (authorizing appeals from certain interlocutory orders). The clerk’s record in
this appeal has not been filed and Davis did not attach any orders to his notice of
appeal. However, to the extent that the trial court entered the order as claimed in
Davis’s notice of appeal, the order is not a final judgment and an interlocutory
appeal of the order is not authorized by statute. See TEX. CIV. PRAC. & REM. CODE
ANN. § 51.014; Bison Bldg. Materials, 422 S.W.3d at 585.
On August 6, 2015, the Clerk of this Court notified Davis that this Court
might dismiss this appeal for want of jurisdiction unless Davis timely filed a
response demonstrating this Court’s jurisdiction over the appeal. See TEX. R. APP.
P. 42.3(a), 43.2(f). Davis filed a response, but failed to demonstrate that this Court
has jurisdiction over this appeal.
Because Davis seeks to appeal an interlocutory order not authorized by
statute, we lack jurisdiction over this appeal. Accordingly, we dismiss the appeal
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for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss all
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
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