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Miller v. Sw. Exposition

Court of Appeals of Texas, Second District, Fort Worth
Sep 13, 2007
No. 02-07-261-CV (Tex. App. Sep. 13, 2007)

Opinion

No. 02-07-261-CV

Delivered: September 13, 2007.

Appeal from the 67th District Court Of Tarrant County.

PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.


MEMORANDUM OPINION


On July 24, 2007, appellant John Leslie Miller filed a "Notice of Appeal" in his suit to confirm an arbitration award. However, the trial court clerk has informed this court that no written order or judgment has been signed in the underlying case. Therefore, appellant's notice of appeal is premature. See TEX. R. APP. P. 26.1, 27.1(a). A prematurely filed notice of appeal is not effective until the appellate deadline is triggered and therefore does not vest this court with jurisdiction over the appeal. See TEX. R. APP. P. 25.1(b), 27.1(a).

On July 27, 2007, we notified appellant that the appeal was subject to dismissal for want of jurisdiction and gave appellant fifteen days to correct this defect in the record. See TEX. R. APP. P. 44.3, 44.4(a)(2). Appellant has not tendered or filed any signed orders from the trial court and has not shown grounds for continuing the appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).


Summaries of

Miller v. Sw. Exposition

Court of Appeals of Texas, Second District, Fort Worth
Sep 13, 2007
No. 02-07-261-CV (Tex. App. Sep. 13, 2007)
Case details for

Miller v. Sw. Exposition

Case Details

Full title:JOHN LESLIE MILLER, APPELLANT, v. SOUTHWESTERN EXPOSITION LIVE STOCK…

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Sep 13, 2007

Citations

No. 02-07-261-CV (Tex. App. Sep. 13, 2007)