Opinion
No. 10-19-00366-CV
12-18-2019
RICHARD MANNING, JR., Appellant v. MAE L. JOHNSON, Appellee
From the County Court at Law No. 2 McLennan County, Texas
Trial Court No. 20190398CV2
MEMORANDUM OPINION
Richard Manning filed a notice of appeal on October 28, 2019. By letter dated November 6, 2019, this Court notified Manning that the appeal was subject to dismissal because there does not appear to be a final, appealable order. The Clerk also warned Manning that the appeal would be dismissed unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3.
Manning filed a response on November 27, 2019. In the response, Manning states that the trial court signed the final judgment on July 29, 2019, and that on August 16, 2019, he filed "Defendant's Motion for Nunc Pro Tunc Order to Correct Clerical Error." Manning contends that the trial court denied the motion to modify the judgment on October 11, 2019, and he is attempting to appeal from that order. There is no order denying Manning's motion to correct the judgment. There is a docket entry on October 11, 2019, denying Manning's motion.
Because there is no final appealable order in this case, we dismiss this appeal for lack of jurisdiction without prejudice to Manning's ability to file an appeal when the trial court signs a written order ruling on the motion for judgment nunc pro tunc.
JOHN E. NEILL
Justice Before Chief Justice Gray, Justice Davis, and Justice Neill
Appeal dismissed
Opinion delivered and filed December 18, 2019
[CV06]