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Emerson v. Emerson

Court of Appeals of Texas, Third District, Austin
May 13, 2004
No. 03-04-00231-CV (Tex. App. May. 13, 2004)

Opinion

No. 03-04-00231-CV.

Filed: May 13, 2004.

Appeal from the District Court of Tom Green County, 119th Judicial District, No. B-98-0939-F, Honorable Curt F. Steib, Judge Presiding.

Dismissed for Want of Jurisdiction.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.


MEMORANDUM OPINION


On February 26, 2004, the trial court signed an order denying Timothy Joe Emerson's motion for nunc pro tunc relief from a judgment signed July 27, 1999. On March 25, 2004, appellant filed a notice of appeal from the February 26 order.

The denial of a motion for judgment nunc pro tunc is not a final, appealable judgment over which the court of appeals has jurisdiction. See Shadowbrook Apartments v. Abu-Ahmad, 783 S.W.2d 210, 210 (Tex. 1990); In re Bridges, 28 S.W.3d 191, 195 (Tex. App.-Fort Worth 2000, orig. proceeding). Nor does the denial of a motion for judgment nunc pro tunc create an interlocutory appeal. See, e.g., Tex. Civ. Prac. Rem. Code Ann. § 51.014 (West Supp. 2004) (various categories of interlocutory appeals).

Accordingly, this Court has no jurisdiction over this attempted appeal. We dismiss the appeal for want of jurisdiction. Tex.R.App.P. 42.3(a).


Summaries of

Emerson v. Emerson

Court of Appeals of Texas, Third District, Austin
May 13, 2004
No. 03-04-00231-CV (Tex. App. May. 13, 2004)
Case details for

Emerson v. Emerson

Case Details

Full title:TIMOTHY JOE EMERSON, Appellant v. SACHA EMERSON, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: May 13, 2004

Citations

No. 03-04-00231-CV (Tex. App. May. 13, 2004)

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