in the Matter of Lawrence Adams ( 2018 )


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  • Opinion issued July 26, 2018
    In The
    Court of Appeals
    For The
    First District of Texas
    ————————————
    NO. 01-18-00295-CV
    ———————————
    IN THE MATTER OF LAWRENCE ADAMS, Appellant
    On Appeal from the 313th District Court
    Harris County, Texas
    Trial Court Case No. 2017-32507
    MEMORANDUM OPINION
    Appellant, Lawrence Adams, is attempting to appeal from the trial court’s
    “Order of Transfer” that transferred the cause from one district court to another
    district court.
    Generally speaking, appellate courts only have jurisdiction over appeals from
    final judgments. See Lehmann v. Har-Con Corp., 
    39 S.W.3d 191
    , 195 (Tex. 2001);
    N.E. Indep. Sch. Dist. v. Aldridge, 
    400 S.W.2d 893
    , 895 (Tex. 1966). Texas
    appellate courts only have jurisdiction to immediately consider appeals from
    interlocutory orders if a statute explicitly provides appellate jurisdiction. Stary v.
    DeBord, 
    967 S.W.2d 352
    , 352–53 (Tex. 1998).
    The trial court’s “Order of Transfer” is neither a final judgment nor an
    interlocutory order for which an appeal is authorized by statute and is therefore not
    an appealable order. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (West
    Supp. 2017); Starnes v. Holloway, 
    779 S.W.2d 86
    , 93 (Tex. App.—Dallas 1989, writ
    denied) (holding that order transferring case from one state court to another was
    interlocutory order); Fox v. Wardy, 
    224 S.W.3d 307
    , 309 (Tex. App.—El Paso 2005,
    pet. denied) (same). After being notified that this appeal was subject to dismissal,
    appellant filed a response but did not demonstrate that this Court has jurisdiction
    over the appeal. Because appellant is attempting to appeal an interlocutory order
    which is not authorized by statute, we lack jurisdiction over this attempted appeal.
    Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a), (c); 43.2(f).
    We dismiss any pending motions as moot.
    PER CURIAM
    Panel consists of Chief Justice Radack and Justices Jennings and Lloyd.
    2