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Ball v. Lewis

Fourth Court of Appeals San Antonio, Texas
Apr 2, 2014
No. 04-13-00871-CV (Tex. App. Apr. 2, 2014)

Opinion

No. 04-13-00871-CV

04-02-2014

Alonzo Foster BALL Jr., Appellant v. LaVaughn LEWIS, Appellee


MEMORANDUM OPINION


From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2013-CI-05112

Honorable Janet P. Littlejohn, Judge Presiding

PER CURIAM Sitting: Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice
DISMISSED FOR WANT OF JURISDICTION

Appellant Alonzo Foster Ball Jr., acting pro se, filed a notice of appeal. He complains that the trial court improperly denied his wife's motion to dismiss a family violence protective order. See TEX. FAM. CODE ANN. § 85.001 (West 2014). Because Appellant filed an untimely affidavit of indigence, we abated this appeal and remanded the cause to the trial court to determine whether Appellant is indigent and his appeal is frivolous. See TEX. R. APP. P. 20.1(c), (e), (h). In response, the trial court held a hearing and vacated its earlier protective order.

On March 7, 2014, because it then appeared there was not a final, appealable order, we ordered Appellant to show cause in writing not later than March 17, 2014, why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (noting that generally "an appeal may be taken only from a final judgment"). We warned Appellant that if he failed to timely show cause why this court has jurisdiction over this appeal, the appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. To date, Appellant has filed no response.

Therefore, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195.

PER CURIAM


Summaries of

Ball v. Lewis

Fourth Court of Appeals San Antonio, Texas
Apr 2, 2014
No. 04-13-00871-CV (Tex. App. Apr. 2, 2014)
Case details for

Ball v. Lewis

Case Details

Full title:Alonzo Foster BALL Jr., Appellant v. LaVaughn LEWIS, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 2, 2014

Citations

No. 04-13-00871-CV (Tex. App. Apr. 2, 2014)