Court of Civil Appeals of Texas, 2012

Nathaniel Jones III v. Houston Police Department

Nathaniel Jones III v. Houston Police Department
Court of Civil Appeals of Texas · Decided March 1, 2012

Nathaniel Jones III v. Houston Police Department

Opinion

Dismissed and Memorandum Opinion filed March 1, 2012.

In The Fourteenth Court of Appeals ____________ NO. 14-11-00909-CV ____________ NATHANIEL JONES, III, Appellant V. HOUSTON POLICE DEPARTMENT, ET AL, Appellees

On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 2010-41196

MEMORANDUM OPINION This is an attempted appeal from findings signed by the trial court on September 20, 2011. The trial court entered findings that appellant had filed a second request for final order, a final order dismissing the case was signed on February 17, 2011, and the order signed February 17, 2011 was a final order.

Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). This appeal is not from a final judgment or an appealable interlocutory order.

On December 20, 2011, notification was transmitted to all parties of the court’s intention to dismiss the appeal for want of jurisdiction unless any party filed a response within ten days showing meritorious grounds for continuing the appeal. Appellant's only response was to request until January 31, 2012, to obtain a final order.

As of this date, appellant has filed no other response. The trial court's signed findings reflect that a final order was signed February 17, 2011. This appeal was attempted from the trial court's findings, signed September 2011, not from the final order.

Accordingly, we have no jurisdiction.

The appeal is ordered dismissed and appellant's pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Seymore, Brown, and Boyce.

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