Carlos Mendoza, Jr. v. Vielca Aida Olandez-Mendoza--Appeal from 311th District Court of Harris County
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Dismissed and Memorandum Opinion filed November 23, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-10-00819-CV ____________ CARLOS MENDOZA, JR., Appellant V. VIELCA AIDA OLANDEZ-MENDOZA, Appellee On Appeal from the 311th District Court Harris County, Texas Trial Court Cause No. 2010-38052 MEMORANDUM OPINION This is an attempted appeal from an order signed August 6, 2010. A partial clerk s record was ordered so this court could determine its jurisdiction. The record was filed on November 15, 2010. 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). The record reflects this appeal is brought from a denial of indigency by the trial court. Accordingly, there is no appealable order. See Kilsby v. Mid Century Ins. Co. of Tex., No. 14-07-00981-CV, 2008 WL 889428, at *1 (Tex. App. Houston [14th Dist.] Apr. 3, 2008, no pet.) (mem. op.) (dismissing appeal of interlocutory order sustaining challenge to affidavit of inability to pay costs). We may review a challenge to the denial of indigency only when it is made as part of a pending appeal from a final judgment or other appealable order. See Tex. R. App. P. 20.1. From our review of the file, the trial judge originally signed a denial of indigency on August 6, 2010 and reformed the order on September 9, 2010. The docket sheet incorrectly calls this order a final reformed judgment. The order required appellant to pay costs by November 29, 2010, and provided that the case shall be dismissed without prejudice upon non-payment of the costs. This is a non-appealable order. On September 29, 2010, 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 October 12, 2010. See TEX. R. APP. P. 42.3(a). Appellant filed a response on October 8, 2010. Appellant s response fails to demonstrate that this court has jurisdiction over the appeal. Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Justices Seymore, Boyce, and Christopher. 2
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