Opinion
NO. 14-19-00841-CV
08-06-2020
ROBERT E. LEE, Appellant v. WILLIAM A. DAYA AND THE UNIVERSITY OF TEXAS MEDICAL BRANCH/CORRECTIONAL MANAGED HEALTH CARE COMMITTEE, Appellees
On Appeal from the 412th District Court Brazoria County, Texas
Trial Court Cause No. 93910-I
ORDER
The record before this court contains no appealable order. The notice of appeal states it is from an order signed October 2, 2019. The only order in the record signed on that date states: "The action required by this notice [WAS] accomplished by the required date. The case is therefore [RETAINED]." The record further reflects that on October 10, 2019, the district clerk sent notice to appellant that "On October 02, 2019, the following order was signed: Order of Dismissal." There is no such order in the record before this court.
Thus, the appellate record reflects trial court cause number 93910-I, styled Robert E. Lee v. William A. Daya, M.D. and The University of Texas Medical Branch/Correctional Managed Health Care Committee, is still pending in the 412th Judicial District Court of Brazoria County, Texas. In the absence of an appealable order in the record before this court, we are without jurisdiction and must dismiss the appeal.
We order the Brazoria County District Clerk to file a supplemental clerk's record on or before August 11, 2020, containing the Order of Dismissal signed by the trial court.
If no Order of Dismissal signed by the trial court is part of the case file, the Brazoria County District Clerk is directed to file a supplemental clerk's record containing a certified statement that the Order of Dismissal is not a part of the case file.
PER CURIAM Panel consists of Chief Justice Frost and Justices Wise and Bourliot.