TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Because the clerk's record does not contain a final judgment from the trial court's hearing on September 14, 2005, and the trial court's decision is not final and appealable, this Court is without jurisdiction. In the absence of a final judgment or otherwise appealable order, we may not exercise appellate jurisdiction. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).

Accordingly, we dismiss this appeal for lack of jurisdiction.

Jan P. Patterson, Justice

Before Chief Justice Law, Justices Patterson and Pemberton

Dismissed for Want of Jurisdiction

Filed: May 19, 2006