Nicole Iris Vatcher v. Thomas R. Vatcher

MEMORANDUM OPINION

No. 04-12-00252-CV Nicole Iris VATCHER, Appellant v.

Thomas R. VATCHER,

Appellee

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-15189 Honorable John D. Gabriel, Jr., Judge Presiding PER CURIAM

Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: June 20, 2012

DISMISSED FOR WANT OF JURISDICTION

This appeal arises from the trial court’s March 26, 2012 order denying appellant Nicole Iris Vatcher’s plea in abatement. 1 Nicole filed a notice of appeal on April 25, 2012; the clerk’s record was subsequently timely filed. After reviewing the clerk’s record, we ordered appellant to show cause in writing why her appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (noting that generally “an appeal may be taken only from a final judgment”). We warned appellant that if she did not show cause within the time provided, her appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Matassarin v. Odiorne, No. 04-01-00498-CV, 2001 WL 1479258, at *1 (Tex. App.—San Antonio Nov. 21, 2001, no pet.) (not designated for publication).

Appellant’s June 5, 2012 response to our show cause order emphasized the merits of appellant’s case, but failed to show how this court has jurisdiction to hear an appeal of an interlocutory order in an action brought under the Family Code. See generally TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West Supp. 2011) (authorizing interlocutory appeals in certain instances). Therefore, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. Costs of this appeal are taxed against appellant.

PER CURIAM