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Chambers v. Pruitt

Court of Appeals of Texas, Fifth District, Dallas
Jun 13, 2006
No. 05-06-00547-CV (Tex. App. Jun. 13, 2006)

Opinion

No. 05-06-00547-CV

Opinion issued June 13, 2006.

On Appeal from the County Court at Law, Kaufman County, Texas, Trial Court Cause No. 67896CC.

Dismissed.

Before Chief Justice THOMAS and Justices LANG and MAZZANT.


MEMORANDUM OPINION


On April 17, 2006, appellant filed a notice of appeal in this case. The clerk's record was filed on April 26, 2006; however, it did not contain a copy of a final judgment or an appealable interlocutory order. Further, the index to the clerk's record noted that a final judgment had not been signed. By letter dated April 28, 2006, we directed appellant to file a copy of a final judgment or appealable order within ten days or the appeal would be dismissed.

While appellant filed a response to our letter indicating that the trial court announced its judgment in open court and made a docket entry, she did not file a final judgment or an appealable order. 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); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App.-El Paso 1997, no writ). However, a docket entry does not constitute a final judgment. In re Burlington Coat Factory Warehouse of McAllen, Inc., 167 S.W.3d 827, 831 (Tex. 2005) (orig. proceeding).

Because the trial court has not entered a final judgment, we do not have jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction.


Summaries of

Chambers v. Pruitt

Court of Appeals of Texas, Fifth District, Dallas
Jun 13, 2006
No. 05-06-00547-CV (Tex. App. Jun. 13, 2006)
Case details for

Chambers v. Pruitt

Case Details

Full title:MARSHA CHAMBERS, Appellant, v. JAMES AND ANGELA PRUITT, Appellees

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 13, 2006

Citations

No. 05-06-00547-CV (Tex. App. Jun. 13, 2006)