Opinion
08-24-00123-CV
05-14-2024
FRANCISCO RODRIGUEZ, Appellant, v. ROSA MARIA RODRIGUEZ, Appellee.
Appeal from the 388th District Court of El Paso County, Texas (TC# 2019DCM5236)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Tex.R.App.P. 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
On May 13, 2024, we filed Appellant Francisco Rodriguez's notice of appeal in which he seeks to appeal from the trial court's "Ruling After De Novo Hearing," which is attached to his notice. The written ruling reflects on its face that, on April 10, 2024, the trial court: (1) denied Appellant's request for a jury trial; and (2) adopted the Associate Court's findings of fact, conclusions of law, and rendition of judgment in the proceeding. Furthermore, the order reflects the trial court ordered the parties to prepare and enter a final decree of divorce, via an entry of judgment hearing, which was originally set for May 10, 2024. However, upon review of the public website available for searching cases filed in El Paso County, the Court notes the entry of judgment hearing was continued from May 10 to May 31, 2024. Based on the April 10, 2024 Order, and other information, then, it appears the entry of judgment hearing remains pending as of this date.
The time for perfecting an appeal in a civil case runs from a signed judgment or order. See Tex. R. App. P. 26.1. However, this Court's jurisdiction is limited to appeals in which there exists a final judgment or other appealable order signed by a judge. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). In some cases, after providing 10 days' notice to the parties, we may dismiss an appeal for want of jurisdiction in the absence of proof of a signed, appealable order. See Tex. R. App. P. 42.3(a). In an appropriate case, however, we may instead abate the appeal and remand the case to the trial court for entry of such order or judgment. See, e.g., Davidson v. Davidson, No. 03-19-00542-CV, 2019 WL 7042942, at *1 (Tex. App.-Austin Dec. 20, 2019, order) (per curiam).
On review of the order attached to Appellant's notice of appeal, it appears to the Court that the trial court has rendered a ruling to some extent, but the order otherwise indicates the trial court has not yet rendered a final judgment but intends to do so. To date, the hearing for entry of said judgment is reset to May 31, 2024. Accordingly, in these circumstances, we abate the appeal and remand the case to the trial court to allow time for preparation and signing of the final decree of divorce. If a final and appealable order is not filed with this Court by June 7, 2024, or alternatively, a joint status report proving an update, the Court shall dismiss the appeal for want of jurisdiction unless grounds are shown for continuing the appeal. See Tex. R. App. P. 42.3(a).
As a separate and final matter, the Court notes Appellant has neither paid the filing fee of $205.00 required for this appeal. See Tex. R. App. P. 5 and 42.3; see also Tex. Gov't Code Ann. §§ 51.207 and 51.208; Order Regarding Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158 (Tex. Aug. 28, 2015). The filing fee must be paid on or before June 7, 2024, unless proof is shown that Appellant is excused by statute or appellate rules from doing so. Appellant may send a check payable to "Clerk, 8th Court of Appeals," or electronically submit payment through the eFileTexas.gov electronic filing system. Notice is also given that failure to pay the filing fee, or to establish an excuse from said fee, may also result in dismissal of the appeal pursuant to Tex.R.App.P. 42.3(b) and (c).
IT IS SO ORDERED