Opinion
No. 05-06-00062-CV
Opinion Filed March 31, 2009.
On Appeal from the 301st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-14973.
Before Justices FRANCIS, LANG-MIERS, and MAZZANT.
Opinion By Justice LANG-MIERS.
MEMORANDUM OPINION
Linda Sprowl and her daughter, Jennifer Sprowl, appealed from the trial court's order dismissing her petition to adjudicate George Martin Payne as Jennifer's father. We originally dismissed the appeal because appellants did not pay for the record and did not timely file affidavits of indigence. Sprowl v. Payne, No. 05-06-00062-CV, 2006 WL 1194458 (Tex.App. 2006) (mem. op.), rev'd, 236 S.W.3d 786 (Tex. 2007). Appellants petitioned for review in the Texas Supreme Court. The supreme court reversed this Court's judgment and held that the failure to file an affidavit of indigence with or before the notice of appeal will not support an order sustaining a contest to an affidavit of indigence unless the appellant is given a reasonable time to correct the defect and fails to do so. Sprowl v. Payne, 236 S.W.3d 786, 787 (Tex. 2007) (per curiam). It remanded the case to this Court for further proceedings. Id.
We ordered the trial court to conduct a hearing on Linda Sprowl's claim of indigence and to file a supplemental record containing the court's written findings of fact and conclusions of law. The trial court concluded that appellant is indigent. Because we conclude that the Court does not have jurisdiction over this appeal, we dismiss the appeal.
Appellate courts have jurisdiction over final judgments and such interlocutory orders as the legislature deems appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); City of Houston v. Kilburn, 849 S.W.2d 810, 811 (Tex. 1993) (per curiam); see Tex. Civ. Prac. Rem. Code Ann. § 51.014(a), (d) (Vernon 2008). A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record. Lehmann, 39 S.W.3d at 195. The Texas Family Code provides that "[a] party to an adjudication of paternity may challenge the adjudication only under the laws of this state relating to appeal, the vacating of judgments, or other judicial review." Tex. Fam. Code Ann. § 160.637(e) (Vernon 2008).
The record shows that this lawsuit, styled "Linda Sprowl and Jennifer Sprowl, Petitioners," was filed in August 2005 after Jennifer Sprowl became an adult. The trial court's order from which appellants filed their notice of appeal dismissed Linda Sprowl's claims on res judicata grounds. However, the order did not dispose of Jennifer Sprowl's claims. We asked the parties to file letter briefs explaining why this Court has jurisdiction over this appeal. After considering the additional arguments, we conclude that there is no final judgment in this case because Jennifer Sprowl's claims were not disposed of by the trial court's order dismissing Linda Sprowl's claims. And there is no statutory exception that allows Linda Sprowl to appeal an interlocutory order. See Lehmann, 39 S.W.3d at 195; City of Houston, 849 S.W.2d at 811. Accordingly, we dismiss this appeal for want of jurisdiction.