Opinion
NO. 02-18-00037-CV
03-22-2018
QUINCY BLAKELY APPELLANT v. STATE OF TEXAS APPELLEE
FROM COUNTY CRIMINAL COURT NO. 5 OF DENTON COUNTY
TRIAL COURT NO. CV-2017-03317 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
In this civil appeal, Appellant Quincy Blakely attempts to appeal from the trial court's January 29, 2018 order denying his request for a ruling on his "Pre-Trial Writ of Habeas Corpus," which was entered both in civil cause number CV-2017-03317 and in criminal cause number CR-2015-06355-E. On February 8, 2018, we sent a letter to Appellant expressing our concern that we may not have jurisdiction over this appeal because it did not appear that the trial court had jurisdiction to enter the order in the civil case. See Ex parte Rieck, 144 S.W.3d 510, 516 (Tex. Crim. App. 2004) (stating that habeas proceedings arising from criminal prosecutions are categorized as criminal, not civil, proceedings for jurisdictional purposes). And because the trial court lacked jurisdiction to enter the order in the civil case, thus making the order void, we informed Appellant that there did not appear to be an appealable judgment or order in this case. See In re M.K., 514 S.W.3d 369, 380 (Tex. App.—Fort Worth 2017, no pet.) (stating that because trial court lacked subject-matter jurisdiction, its order was void); see also State ex rel. Latty v. Owens, 907 S.W.2d 484, 485 (Tex. 1995) (stating that a judgment is void when "the court rendering the judgment had no jurisdiction over the parties or subject matter, no jurisdiction to render judgment, or no capacity to act as a court"). We stated that unless Appellant or any party desiring to continue this appeal filed a response showing grounds for continuing the appeal by February 20, 2018, this appeal could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. Appellant filed a response agreeing that this appeal should be dismissed.
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); M.K., 514 S.W.3d at 380 (dismissing appeal for lack of jurisdiction when trial court did not have jurisdiction to render order in underlying appeal).
PER CURIAM PANEL: WALKER, MEIER, and GABRIEL, JJ. DELIVERED: March 22, 2018