 
 




                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-13-00388-CV
                           ____________________

     GERALD BOURQUE, INDIVIDUALLY AND AS TRUSTEE OF THE
    DENNIS AND VIOLA BOURQUE IRREVOCABLE TRUST U/A 6-18-10
        AND MARILYN BOURQUE, INDIVIDUALLY, Appellants

                                         V.

                            TERRY WOOD, Appellee
_______________________________________________________            ______________

                    On Appeal from the 60th District Court
                          Jefferson County, Texas
                         Trial Cause No. B-193,253
________________________________________________________             _____________

                          MEMORANDUM OPINION

      The appellants, Gerald Bourque, Individually and as Trustee of the Dennis

and Viola Bourque Irrevocable Trust U/A 6-18-10 and Marilyn Bourque,

Individually, filed a motion to abate the appeal or in the alternative to dismiss the

appeal without prejudice. The appellee, Terry Wood, objected to abating the

appeal and filed a motion to dismiss the appeal for want of jurisdiction. The parties

agree that no final judgment has been signed and that the trial court’s order

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granting Woods’s amended special exceptions and plea to the jurisdiction is not

appealable as an accelerated appeal of the interlocutory order.   Generally, an

appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39

S.W.3d 191, 195 (Tex. 2001). An appeal may be taken from an interlocutory order

only when an appeal is authorized by statute. See Bison Bldg. Materials, Ltd. v.

Aldridge, No. 06-1084, 2012 WL 3870493, at *3 (Tex. Aug. 17, 2012). We

dismiss the appeal without reference to the merits. Id.

      APPEAL DISMISSED.




                                              ________________________________
                                                        CHARLES KREGER
                                                            Justice



Opinion Delivered November 14, 2013

Before McKeithen, C.J., Kreger and Horton, JJ.




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