Stephen G. Archer v. Origen Financial L.L.C.--Appeal from 253rd District Court of Liberty County

Opinion filed July 12, 2007

In The

Eleventh Court of Appeals

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   No. 11-07-00115-CV

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  STEPHEN G. ARCHER, Appellant

V.

ORIGEN FINANCIAL L.L.C., Appellee

On Appeal from the 253rd District Court

Liberty County, Texas

Trial Court Cause No. 62,617

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

On March 7, 2007, the trial court signed an order granting Origen Financial L.L.C.=s motion to require Stephen G. Archer to make monthly payments into the registry of the court until final hearing on the cause pending in the trial court.[1] Archer perfected an appeal. We dismiss.

Upon receiving the clerk=s record, the clerk of this court wrote the parties advising them that it appeared that the March 7 order was not a final or appealable order and asking them to respond by showing grounds for continuing the appeal. The parties have responded.

Archer contends that the March 7 order is a temporary injunction and is subject to an interlocutory appeal under TEX. CIV. PRAC. & REM. CODE ANN. ' 51.014 (Vernon Supp. 2006). Origen argues that the March 7 order is not a temporary injunction. We agree. Archer has failed to establish that this court has jurisdiction to entertain the appeal.

Therefore, the appeal is dismissed.

PER CURIAM

July 12, 2007

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.

[1]The underlying suit involves a manufactured home that Archer purchased and currently lives in. Origen holds the mortgage on the home, alleged that Archer has made no payments since November of 2000, and asked the trial court to order Archer to pay into the registry of the court his contractual monthly payments on the home until the dispute is resolved.