MARIANO MORENO v. SERGIO SILVA (2011)

MEMORANDUM OPINION

Appellant is appealing on order of the trial court dated February 18, 2011 that compels him to produce certain documents.   By letter dated July 7, 2011, we informed appellant that generally appeals may only be taken from final judgments.   See Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex 2001).   Interlocutory orders may be appealed only if permitted by statute.   See Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352 (Tex.2001).   An order granting a motion to compel discovery is a non-appealable, interlocutory order.   See Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992).   We requested that appellant file a brief addressing this jurisdictional issue.

Appellant filed a jurisdictional brief on July 19, 2011.   He argues that he is appealing a turnover order.   He contends the trial court's order is final because it “determined all of the issues in question.”   Although the order was issued as part of a turnover proceeding, the order appealed is not a turnover order.   The order grants the appellee's motion to compel and orders appellant to produce certain discovery documents.   It is an non-appealable, interlocutory order.   See Tipps, 842 S.W.2d at 272.

We dismiss the appeal for want of jurisdiction.   See Tex.R.App. P. 42.3(a).

110266F.P05

PER CURIAM