In the Matter of the Marriage of Shannon Danielle Grimes and Jason Wayne Grimes--Appeal from 294th District Court of Van Zandt County (per curiam)
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NO. 12-12-00310-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS IN THE MATTER OF THE MARRIAGE § APPEAL FROM THE 294TH OF SHANNON DANIELLE GRIMES § JUDICIAL DISTRICT COURT AND JASON WAYNE GRIMES § VAN ZANDT COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM On September 19, 2012, Appellant Jason Wayne Grimes filed a notice of appeal expressing his desire to appeal from the order denying [Grimes s] Motion for New Trial. However, an order denying a motion for new trial is not appealable. Overka v. Bauri, No. 1406-00083-CV, 2006 WL 2074688, at *1 (Tex. App. Houston [14th Dist.] July 27, 2006, no pet.) (mem. op.). Therefore, on the date the notice of appeal was filed, this court notified Grimes, pursuant to Texas Rule of Appellate Procedure 37.1, that the information received in this appeal does not contain a final judgment or other appealable order. Grimes was further informed that the appeal would be dismissed if the information received in the appeal was not amended to show the jurisdiction of this court. In response, Grimes informed the court that he is unable to provide a copy of the order he seeks to appeal because the trial court has not filed an order denying his motion for new trial. An order denying a motion for new trial is not appealable. Id. Therefore, providing a copy of the order would not show the jurisdiction of this court. Moreover, Grimes has not cited any other basis for his contention that this court has jurisdiction of the appeal. Accordingly, the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 37.1, 42.3. Opinion delivered October 17, 2012. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT OCTOBER 17, 2012 NO. 12-12-00310-CV IN THE MATTER OF THE MARRIAGE OF SHANNON DANIELLE GRIMES AND JASON WAYNE GRIMES _____________________________________________________________________________ Appeal from the 294th Judicial District Court of Van Zandt County, Texas. (Tr.Ct.No. 12-00099) _____________________________________________________________________________ THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
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