Opinion
No. 04-17-00121-CV
05-10-2017
James BURLEY Jr., Appellant v. BEXAR COUNTY, et al., Appellees
MEMORANDUM OPINION
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2011TA103165
Honorable Solomon Casseb, III, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice APPEAL DISMISSED FOR WANT OF JURISDICTION
Appellant, who is pro se, filed what he designated as a notice of appeal in the trial court on February 24, 2017. The document was filed in this court on March 7, 2017. On March 14, 2017, the district clerk filed a notification of late record in this court stating she was unable to determine the due date for the record because her records did not indicate a final judgment or other appealable order had been rendered in this matter. The district clerk advised this court that "the case is still pending."
Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 196 (Tex. 2001). A judgment is final for appellate purposes if it disposes of all pending parties and claims in the record. Id. Because it appears there is no final judgment or appealable order in this matter, it appears there is nothing from which appellant may appeal at this time.
Based on the district clerk's representations to this court, we ordered appellant to file a written response in this court on or before April 14, 2017, showing cause why this appeal should not be dismissed for want of jurisdiction. We advised that if appellant failed to respond satisfactorily within the time provided, the appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(c). Appellant did not file a response.
Accordingly, we hold that at this time, there is no order or judgment from which appellant may prosecute an appeal. We therefore dismiss the appeal for want of jurisdiction.
PER CURIAM