Opinion
No. 04-20-00047-CV
04-14-2020
Richard LARES, Appellant v. Martha MUÑIZ, Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CI-15663
Honorable Peter Sakai, Judge Presiding
ORDER
Appellant Richard Lares is currently an inmate and is acting pro se in this appeal. The underlying suit began as a divorce proceeding. On February 6, 2020, Appellant filed a notice of appeal complaining of the trial court's "Judgment of January 14, 2020."
The clerk's record does not show a final judgment or appealable order signed on January 14, 2020. The clerk's record does show the trial court's handwritten notes from that date, but a judge's notes "are not the kind of document[] that constitute[s] a judgment, decision or order from which an appeal may be taken," see Goff v. Tuchscherer, 627 S.W.2d 397, 398-99 (Tex. 1982); In re Rivera, No. 04-12-00025-CV, 2012 WL 219591, at *1 (Tex. App.—San Antonio Jan. 25, 2012, no pet.) (mem. op.) ("A copy of the judge's notes in place of an order is not sufficient."); see also In re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio 2012, no pet.) ("[A] judge's notes are for his or her own convenience and form no part of the record.").
On March 24, 2020, we ordered Appellant to show cause in writing by April 8, 2020, why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
On the due date, we received Appellant's response stating he did not receive the order until March 30, 2020, and because of the COVID-19 disruptions, he has not been able to access the record to prepare a response.
Appellant's motion for extension of time to file a response is GRANTED. We ORDER Appellant to show cause in writing within FIFTEEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. If Appellant does not timely provide written proof as ordered, this appeal will be dismissed without further notice. See id.
All other appellate deadlines are SUSPENDED pending further order of this court.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of April, 2020.
/s/_________
Michael A. Cruz,
Clerk of Court