Opinion
No. 10-06-00243-CV
Opinion delivered and filed October 25, 2006.
Appeal fromthe 12th District Court, Walker County, Texas, Trial Court No. 23242.
Appeal dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Appellant Donald McCray is attempting to appeal the trial court's June 15, 2006 order declaring him to be a vexatious litigant and requiring that he post security in the amount of $500 by December 12, 2006, failing which his case would be dismissed. See generally TEX. CIV. PRAC. REM. CODE ANN. §§ 11.001-.055 (Vernon 2002).
On September 15, 2006, we notified McCray that this court may not have jurisdiction over this appeal because it appears that the order is an interlocutory, nonappealable order. See TEX. CIV. PRAC. REM. CODE ANN. § 51.014 (Vernon Supp. 2006) (listing types of interlocutory orders that are appealable); see, e.g., Phillips v. Phillips, 2004 WL 2903519 (Tex.App.-Houston [1st Dist.] Dec. 16, 2004, no pet.) (dismissing interlocutory appeal of order declaring plaintiff a vexatious litigant); Kirk v. Lucas, 2004 WL 2569419 (Tex.App.-Fort Worth Nov. 12, 2004, no pet.) (same).
We stated that the appeal would be dismissed for want of jurisdiction unless McCray filed with the court within twenty-one days a response showing grounds for continuing the appeal. McCray has filed a response, but it fails to show grounds for continuing the appeal.
Because the complained-of order is not appealable, we dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a), 43.2(f).