APPELLANT v. APPELLEES (2012)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

Appellant Glenn Winningham;  house of Fearn filed a notice of appeal on October 15, 2012, complaining of the trial court's order sustaining the contest to his petition to proceed in the trial court without the prepayment of fees or costs.   We notified Appellant on November 8, 2012, of our concern that we lack jurisdiction over this appeal because the order sustaining the contest to his petition to proceed in the trial court without the prepayment of fees or costs does not appear to be an appealable order, and we stated that his appeal could be dismissed unless he or any party filed within ten days a response showing grounds for continuing the appeal.   Appellant's response does not show grounds for continuing the appeal.

The general rule, with a few exceptions, is that an appeal may be taken only from a final judgment.²  Interlocutory orders may be appealed only if allowed by statute.³  The trial court's order sustaining the contest to Appellant's petition to proceed in the trial court without advance payment of fees and costs is an interlocutory order for which there is no right of interlocutory appeal.⁴  We thus lack subject matter jurisdiction over this appeal.⁵  Accordingly, we dismiss this appeal for want of jurisdiction.⁶

DELIVERED:  December 21, 2012

FOOTNOTES

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

FN2. Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex.2001)..  FN2. Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex.2001).

FN3. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex.2001)..  FN3. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex.2001).

FN4. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a) (West Supp.2012);  Montgomery v. Matucci, 02–10–00127–CV, 2010 WL 3075597, at *1 (Tex.App.—Fort Worth Aug. 5, 2010, no pet.) (mem.op.)..  FN4. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a) (West Supp.2012);  Montgomery v. Matucci, 02–10–00127–CV, 2010 WL 3075597, at *1 (Tex.App.—Fort Worth Aug. 5, 2010, no pet.) (mem.op.).

FN5. See Montgomery, 2010 WL 3075597, at *1;  Aguilar v. Tex. La Fiesta Auto Sales LLC, No. 01–08–00653–CV, 2009 WL 1562838, at *1–2 (Tex.App.—Houston [1st Dist.] June 4, 2009, no pet.) (mem.op.)..  FN5. See Montgomery, 2010 WL 3075597, at *1;  Aguilar v. Tex. La Fiesta Auto Sales LLC, No. 01–08–00653–CV, 2009 WL 1562838, at *1–2 (Tex.App.—Houston [1st Dist.] June 4, 2009, no pet.) (mem.op.).

FN6. See Tex.R.App. P. 42.3(a), 43.2(f)..  FN6. See Tex.R.App. P. 42.3(a), 43.2(f).