Summary
dismissing for lack of jurisdiction Long's direct appeal of trial court's order instructing district clerk not to file Long's lawsuit against his two attorneys
Summary of this case from In re LongOpinion
No. 10-04-00109-CV
Opinion Delivered and Filed July 7, 2004.
Appeal from the 13th District Court, Navarro County, Texas, Trial Court #.
Appeal dismissed.
Carl Long, Ft. Stockton, TX, pro se.
Donald V. Phillips, Attorney at Law, Corsicana, TX, and C. Tony Wright, The Wright Law Firm, Dallas, TX, for appellee/respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Carl Long attempted to file a lawsuit against Appellees. The trial court signed an order directing the district clerk not to file the lawsuit. Long seeks to appeal the court's order. However, the order in question is not one which this Court has jurisdiction to review by direct appeal. See Simpson v. Sehon, No. 10-03-215-CV, slip op. at 2, 2003 Tex. App. LEXIS 10911, at *2 (Tex. App.-Waco Dec. 31, 2001, no pet. h.) (mem. op.); In re Bernard, 993 S.W.2d 453, 455 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding) (O'Connor, J., concurring).
The Clerk of this Court notified the parties that the trial court had not signed an appealable order and that the appeal would be dismissed for want of jurisdiction if a response showing grounds for continuing the appeal was not filed within 10 days. Appellant has not filed a response which states a basis for this Court to exercise jurisdiction. Accordingly, the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a).