Herbert Hines v. Joe Flores--Appeal from 258th District Court of Polk County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-02-519 CV
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HERBERT HINES, Appellant
V.
JOE FLORES, Appellee
On Appeal from the 258th District Court
Polk County, Texas
Trial Cause No. 19,484
MEMORANDUM OPINION (1)

The trial court denied Herbert Hines's motion for default judgment on October 28, 2002. Hines filed notice of appeal on November 11, 2002. On January 16, 2003, we notified the appellant that our jurisdiction was not apparent from the notice of appeal. On February 18, 2003, Hines filed an amended notice of appeal that stated that the appeal was taken under Tex. Civ. Prac. & Rem. Code Ann. 51.014 (Vernon 2002). We requested a clarification, and on April 2, 2003, Hines filed a response that stated that an accelerated interlocutory appeal was authorized pursuant to Section 51.014(d). To pursue an appeal under that subsection, the trial court must issue an order for an interlocutory appeal, not just sign an interlocutory order as is the case here. Id. Because the trial court has not entered an order for an interlocutory appeal under Section 51.014(d), the trial court's order of October 28, 2002, is not appealable. The appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered April 10, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4