Opinion
NUMBER 13-16-00355-CV
09-15-2016
HOLLY LOVETT, Appellant, v. V & S VENTURES, Appellee.
On appeal from the Justice Court, Precinct 4 of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Garza, Perkes, and Longoria
Memorandum OpinionPer Curiam
Appellant, Holly Lovett, attempted to perfect an appeal from a "Default Judgment in Eviction" entered by the Justice Court, Precinct 4, of Nueces County, Texas, on June 14, 2016. Upon review of the documents before the Court, it appeared that the order was not appealable. On August 17, 2016, the Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of the notice, the appeal would be dismissed for want of jurisdiction. Appellant failed to respond to the Court's notice.
In a civil case, an appeal to the Court of Appeals may be taken "from a final judgment of the district or county court." See TEX. CIV. PRAC. & REM. CODE ANN. § 51.012 (West, Westlaw through 2015 R.S.). Appellant's notice of appeal from the justice court does not invoke this Court's appellate jurisdiction.
The Court, having considered the documents on file and appellant's failure to correct the defect in this matter, is of the opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the appeal is DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a),(c).
PER CURIAM Delivered and filed the 15th day of September, 2016.