15 2010 21 2011 v. 315 244 245 2010 (2011)

Court of Appeals of Texas, Dallas.

Bridget Brown Parson, appearing pro se, filed a notice of appeal from an order signed on November 15, 2010.  By letter dated April 21, 2011, we questioned our jurisdiction over this appeal and directed the parties to file letter briefs addressing how we have jurisdiction.  To date, the parties have not responded to our jurisdictional letter.  Appellate jurisdiction is never presumed.  Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 546 (Tex.App.-Dallas 2009, no pet.).  Unless the record affirmatively shows the propriety of appellate jurisdiction, we must dismiss.  Id. Our jurisdiction over appeals is established by constitutional and statutory enactments.  Beckham Grp., P.C. v. Snyder 315 S.W.3d 244, 245 (Tex.App.-Dallas 2010, no pet.).  Unless an interlocutory appeal is specifically authorized by the constitution or statute, we have jurisdiction only over appeals taken from final judgments.  Id. Orders denying a motion to recuse are interlocutory and reviewable on direct appeal only upon appeal from a final judgment.  SeeTex.R. Civ. P. 18a(f).  Here, appellant challenges an order denying her motion to recuse.  Our record does not contain a final judgment.  Absent a final judgment, we lack jurisdiction over the appeal.

No. 05–10–01513–CV

Decided: June 07, 2011

Before Justices Richter, Lang, and Fillmore