In Re Commitment of Ethan Todd Stewart Appeal from 435th District Court of Montgomery County (memorandum opinion)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00273-CV ____________________ IN RE COMMITMENT OF ETHAN TODD STEWART _______________________________________________________ ______________ On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 10-05-05148-CV ________________________________________________________ _____________ MEMORANDUM OPINION Ethan Todd Stewart filed a notice of appeal from an order denying a motion for a change of venue. We questioned our jurisdiction and the parties filed responses. Generally, appeals may be taken only from final judgments. Lehmann v. HarCon Corp., 39 S.W.3d 191, 195 (Tex. 2001). Stewart argues the order denying his motion for a change of venue disposed of all pending claims and parties. In a civil commitment case, however, the trial court retains jurisdiction while the commitment order remains in effect. See In re Commitment of Cortez, 405 S.W.3d 929, 932 (Tex. 1 App.–Beaumont 2013, no pet.). Stewart has not identified a signed order by the trial court that is appealable at this time.1 Accordingly, the appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a); 43.2(f). APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Submitted on August 16, 2017 Opinion Delivered August 17, 2017 Before Kreger, Horton and Johnson, JJ. 1 Stewart requests that we consider his response as a mandamus petition, but neither the form nor the substance of the response presents a valid basis for granting mandamus relief. See generally Tex. R. App. P. 52. Accordingly, the request is denied. 2

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