APPELLANT v. APPELLEES (2011)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

Appellant pro se Theodis Dodson filed a lawsuit against five defendants, including Sean Colston and the Tarrant County District Attorney's Office.   On July 1, 2011, the trial court signed an order dismissing with prejudice Appellant's claims against Colston and the district attorney's office because they are frivolous as provided by civil practice and remedies code chapter 14.   In a letter dated July 19, 2011, we notified Appellant of our concern that we might not have jurisdiction over this appeal because the order he was attempting to appeal from did not appear to be a final judgment or appealable interlocutory order.   We stated that unless Appellant or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal on or before July 29, 2011, the appeal could be dismissed for want of jurisdiction.   See Tex.R.App. P. 42.3(a), 44.3.   Appellant filed a response, but the response does not show grounds for continuing this appeal because it presumes that the trial court's July 1, 2011 order severed his claims against the two dismissed defendants from his claims against the three remaining defendants and because it concedes that Appellant's motion for reconsideration remains pending in the trial court.

The general rule, with a few exceptions, is that an appeal may be taken only from a final judgment.  Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex.2001).   Interlocutory orders may be appealed only if allowed by statute.   Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex.2001).   The trial court's July 1, 2011 order is not an appealable interlocutory order.   See generally Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a) (West 2008).   We therefore dismiss this appeal for want of jurisdiction.   See Tex.R.App. P. 42.3(a), 43.2(f).

PANEL:  GARDNER, WALKER, and MCCOY, JJ.

DELIVERED:  August 18, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.