In the Matter of the Marriage of Kerry Nathan Parker and Rana Roxanne Parker--Appeal from 115th District Court of Marion County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00064-CV
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IN THE MATTER OF THE MARRIAGE OF
KERRY NATHAN PARKER AND RANA ROXANNE PARKER
On Appeal from the 115th Judicial District Court
Marion County, Texas
Trial Court No. 0200064
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Kerry Nathan Parker appeals from an "Order of Motion to Vacate Final Judgment." Generally, only final judgments of trial courts are appealable. Tex. Civ. Prac. & Rem. Code Ann. 51.014 (Vernon Supp. 2003) (final judgment of district and county courts); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). That does not include orders on motions for new trial unless a new judgment is entered as a result of that motion. The Legislature has also authorized the appeal of a number of interlocutory orders. See, e.g., Tex. Civ. Prac. & Rem. Code Ann. 51.014. The complained-of order here does not fall within either category. We are, therefore, without jurisdiction over this appeal.

We notified Parker of this defect and gave him ten days to show cause why this appeal should not be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3. Appellant's counsel filed a response in which she concurs we are without jurisdiction.

Because this order is not appealable, we dismiss the appeal for want of jurisdiction.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: June 2, 2003

Date Decided: June 3, 2003