Court of Civil Appeals of Texas, 2008

Rhett Webster Pease v. Texas Attorney General

Rhett Webster Pease v. Texas Attorney General
Court of Civil Appeals of Texas · Decided January 8, 2008

Rhett Webster Pease v. Texas Attorney General

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00704-CV

Rhett Webster Pease, Appellant v. Texas Attorney General, Appellee

FROM THE DISTRICT COURT OF LEE COUNTY, 21ST JUDICIAL DISTRICT NO. 12,380, HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Rhett Webster Pease has filed a notice of appeal from an “Order for Issuance of Capias” issued by the trial court on July 27, 2007. Appellant’s notice of appeal is untimely because it was filed more than thirty days after the order appealed from was signed by the trial court. See Tex. R. App. P. 26.1. In addition, appellant appeals from an interlocutory order, not a final judgment.

This Court lacks jurisdiction over an appeal from an interlocutory order unless jurisdiction is specifically provided by statute. See Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). No statute authorizes an interlocutory appeal from an order for issuance of capias. See Tex. Civ. Prac. & Rem.

Code Ann. § 51.014 (West Supp. 2007) (providing for appeal from certain interlocutory orders).

Accordingly, we dismiss this appeal for want of jurisdiction. __________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Puryear and Henson Dismissed for Want of Jurisdiction Filed: January 8, 2008

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