Opinion
No. 04-07-00118-CV
Delivered and Filed: October 10, 2007.
Appeal from the 166th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CI-17948, Honorable Andy Mireles, Judge Presiding.
DISMISSED FOR LACK OF JURISDICTION
Sitting: PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
On July 23, 2007, we ordered appellant to show cause why his appeal should not be dismissed for want of jurisdiction. We stated that it is apparent from the clerk's record filed on July 5, 2007 that appellant seeks to appeal an order denying his motion to compel discovery. Such an order is a non-appealable interlocutory order. See Lipshy Motorcars, Inc. v. Sovereign Assocs., Inc., 944 S.W.2d 68, 70 (Tex.App.-Dallas 1997, no writ) ("[w]hen a party attempts to appeal a non-appealable interlocutory order, appellate courts have no jurisdiction except to declare the interlocutory nature of the order and dismiss the appeal"). In response, appellant filed a Motion to Compel Record on September 17, 2007. This response, however, does not address the jurisdictional issue in question. Accordingly, this appeal is dismissed for lack of jurisdiction.