James Whittaker v. U S Mail Service--Appeal from 157th District Court of Harris County (memorandum opinion per curiam)
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Dismissed and Memorandum Opinion filed November 15, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-11-00725-CV ____________ JAMES E. WHITTAKER, Appellant V. U.S. MAIL SERVICE, Appellee On Appeal from the 157th District Court Harris County, Texas Trial Court Cause No. 2010-79000 MEMORANDUM OPINION On December 3, 2010, appellant filed an original petition concerning his claim for identification theft. The record indicates that on July 1, 2011, the trial court signed an order granting appellant s pauper s oath. On August 22, 2011, appellant filed a Motion to Appeal in this case, and the appeal was assigned to this court. The clerk s record was filed October 20, 2011. It does not appear that appellant s case has gone to trial, and the clerk s record does not contain an appealable order. 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). On October 21, 2011, 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 that this court has jurisdiction over the appeal on or before November 1, 2011. See Tex. R. App. P. 42.3(a). Appellant filed no response. Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Chief Justice Adele Hedges and Justices Anderson and Christopher. 2
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