Opinion
No. 09-09-00493-CV
Opinion Delivered January 21, 2010.
On Appeal from the 411th District Court Polk County, Texas, Trial Cause No. CIV24942.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
On November 5, 2009, the Court notified the parties that our jurisdiction was not apparent from the notice of appeal, and warned the parties that the appeal would be dismissed unless our jurisdiction was established. No response has been filed.
The notice of appeal recites that the order signed in this case is not appealable absent agreement of the parties and a written order permitting an interlocutory appeal. See Tex. Civ. Prac. Rem. Code Ann. § 51.014(d) (Vernon 2008). The trial court denied the appellant's request for an order permitting an interlocutory appeal. No final judgment has issued. Subject to certain statutory exceptions not applicable in this case, only final judgments are appealable. Id. § 51.012. Accordingly, we hold the jurisdiction over this case is still vested in the trial court. The appeal is dismissed for want of jurisdiction.
APPEAL DISMISSED.