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Andre Sloan v. Doreen (Baker) Sloan ( 2008 )


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  • Dismissed and Memorandum Opinion filed October 9, 2008

    Dismissed and Memorandum Opinion filed October 9, 2008.

     

     

    In The

     

    Fourteenth Court of Appeals

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    NO. 14-08-00181-CV

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    ANDRE SLOAN, Appellant

     

    V.

     

    DOREEN (BAKER) SLOAN, Appellee

     

      

     

    On Appeal from the 312th District Court

    Harris County, Texas

    Trial Court Cause No. 2008-00683

     

      

     

    M E M O R A N D U M  O P I N I O N

    Appellant filed a notice of appeal from an order signed April 3, 2008, sustaining a contest to his pauper=s oath.  Pursuant to an order from this Court, a partial clerk=s record relevant to appellant=s claim of indigence was filed on July 27, 2008.  According to the record, no final judgment has been entered in this case, and appellant is attempting to appeal the denial of pauper status for the trial of the underlying divorce.

    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). 

    There is no statute providing for an interlocutory appeal of the court=s ruling on indigency for trial proceedings.  Lomax v. Thomas, No. 14-08-00163-CV, 2008 WL 4308610, 1 (Tex. App.CHouston [14th Dist.] Aug. 28, 2008, no pet. h.).  Thus, an order denying indigent status may not be appealed before entry of final judgment.  In contrast, a trial court=s indigency ruling pertaining to an already pending appeal is appealable.  See In re Arroyo, 988 S.W.2d 737, 738‑39 (Tex. 1998) (orig. proceeding). 

    On August 29, 2008, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before September 15, 2008.  See Tex. R. App. P. 42.3(a).  No response has been filed.

    We are without jurisdiction over this appeal.  Accordingly, the appeal is ordered dismissed.

     

    PER CURIAM

     

    Judgment rendered and Memorandum Opinion filed October 9, 2008.

    Panel consists of Chief Justice Hedges and Justices Guzman and Brown.