Opinion
No. 05-04-00180-CV.
Opinion issued March 5, 2004.
Dismissed.
Before Justices MORRIS, FITZGERALD, and FRANCIS.
MEMORANDUM OPINION
Appellant's February 9, 2004 notice of appeal fails to identify the trial court, state the trial cause number and the date of the judgment or order appealed from, as required by appellate rule 25.1. By letter dated February 17, 2004, the Court instructed appellant to amend his notice of appeal with the required information. From documents received from appellant, it appears that appellant is seeking to appeal a "peace officer application for emergency detention." Accordingly, the Court's letter of February 17, 2004 instructed appellant to file a jurisdictional brief explaining the Court's jurisdiction over such an application. The February 17, 2004 letter informed appellant that failure to amend the notice of appeal and to file a jurisdictional brief would result in the dismissal of this appeal, without further notice from the Court.
Appellant has not filed an amended notice of appeal. However, he did file a jurisdictional brief with an attached copy of the January 28, 2004 "peace officer application for emergency detention." Appellant states that after a five hour emergency detention, he was released. Appellant is challenging a peace officer's application authorized by section 573.002 of the Texas Health and Safety Code. Such detention does not require a court order. See Tex. Health Safety Code Ann. § 573.001 (Vernon 2003). There is no final judgment or appealable order for the Court to review. Therefore, the Court is without jurisdiction to consider appellant's complaint regarding his five hour detention. See Jack B. Anglin Co. Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). Accordingly, on the Court's own motion, this appeal is DISMISSED for want of prosecution and for want of jurisdiction. See Tex.R.App.P. 42.3(a), (b), (c).