Buddy Kindle v. The Roberts Law Firm, et al--Appeal from 402nd Judicial District Court of Wood County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-07-00007-CV
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BUDDY KINDLE, Appellant
V.
THE ROBERTS LAW FIRM, ET AL., Appellees
On Appeal from the 402nd Judicial District Court
Wood County, Texas
Trial Court No. 2006-392
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION

Appellant, Buddy Kindle, filed a notice of appeal January 18, 2007, from an order transferring venue signed December 7, 2006. This order from which appeal is taken transferred venue from Wood County to Smith County.

Had this been an appealable interlocutory order, Kindle's appeal would have been due to have been filed within twenty days of the date the order was signed. See Tex. R. App. P. 26.1(b). The notice of appeal is untimely.

In addition to the issue of timeliness, the trial court's order transferring venue does not constitute a final, appealable order. Unless otherwise statutorily authorized, an appeal may be made only from a final judgment. See Tex. Civ. Prac. & Rem. Code Ann. 51.012 (Vernon 1997), 51.014 (Vernon Supp. 2006). Further, Section 15.064(a) of the Texas Civil Practices and Remedies Code explicitly states that no interlocutory appeal shall lie from the determination of a venue hearing. Tex. Civ. Prac. & Rem. Code Ann. 15.064(a) (Vernon 2002).

Accordingly, we dismiss this appeal for want of jurisdiction.

 

Bailey C. Moseley

Justice

Date Submitted: February 14, 2007

Date Decided: February 15, 2007