COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-109-CV

GREGORY D. ROWE APPELLANT

V.

BINH DUC NGUYEN APPELLEE

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FROM JUSTICE COURT, PRECINCT ONE OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)}

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Appellant Gregory D. Rowe is attempting to appeal from an order of a Justice of the Peace which grants a motion for continuance for a hearing on a pauper’s affidavit.  On April 4, 2007, we notified Appellant of our concern that we lacked jurisdiction over the appeal and that, unless he filed a response showing grounds for continuing the appeal, the appeal was subject to dismissal for want of jurisdiction. ^{(footnote: 2)}  Appellant’s response does not show grounds for continuing this appeal.  Accordingly, we dismiss the appeal for want of jurisdiction. ^{(footnote: 3)}

PER CURIAM

PANEL D:  HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED:  May 3, 2007

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

See Lehmann v. Har-Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001) (providing general rule that an appeal may be taken only from a final judgment); Tex. Civ. Prac. & Rem. Code Ann . § 51.014 (Vernon Supp. 2006) (listing types of appealable interlocutory orders); see also Tex. Gov’t Code Ann. § 28.052 (Vernon Supp. 2006) (stating that appeal from final judgment in justice of peace court acting as small claims court is to the county court or county court at law); Tex. R. Civ. P. 571-574b (pertaining to perfecting appeal from justice court to county court).

3:

See Tex. R. App. P. 42.3(a), 43.2(f); Stary v. DeBord , 967 S.W.2d 352, 352-53 (Tex. 1998) (holding appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly provides appellate jurisdiction).