Summary
holding that a written and signed appealable order is a prerequisite to invoking the jurisdiction of an appellate court
Summary of this case from Parker v. ETB Mgmt., LLCOpinion
NO. 03-16-00826-CR
03-07-2017
Ex parte Naree Dilworth
FROM THE COUNTY COURT AT LAW NO. 7 OF TRAVIS COUNTY
NO. C-1-CR-15-151616, HONORABLE ELISABETH ASHLEA EARLE, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Naree Dilworth has filed a notice of appeal from the trial court's denial of her application for writ of habeas corpus. The State has filed a motion to abate the appeal and remand the cause to the trial court for entry of a written order denying Dilworth's application. According to the State, although the trial court "orally ruled against Dilworth" at the conclusion of the hearing on Dilworth's application and, subsequently, made findings of fact and conclusions of law that reflected "an intent to deny relief," "neither the clerk's record nor the trial court's file contains an actual order denying relief."
"A written and signed appealable order is a prerequisite to invoking this Court's appellate jurisdiction." The record before us contains no such order. "However, such a defect is curable—in a case in which there has been an oral trial court ruling but no written order has been entered, we . . . treat the notice of appeal as prematurely filed, abate the appeal, and remand the case to the trial court for preparation of an appealable order." Accordingly, we grant the State's motion, abate this appeal, and remand the cause to the trial court for entry of a signed, written order on Dilworth's habeas application. Once entered, the order shall be included in a supplemental clerk's record and filed with this Court no later than March 22, 2017.
Dewalt v. State, 417 S.W.3d 678, 685 n.32 (Tex. App.—Austin 2013, pet. ref'd); see Tex. R. App. P. 26.2(a)(1); State v. Rosenbaum, 818 S.W.2d 398, 402 (Tex. Crim. App. 1991); Ortiz v. State, 299 S.W.3d 930, 933 (Tex. App.—Amarillo 2009, no pet.).
Dewalt, 417 S.W.3d at 685 n.32 (citing Tex. R. App. P. 27.1(b); Ex parte Crenshaw, 25 S.W.3d 761, 764 (Tex. App.—Houston [1st Dist.] 2000, pet. ref'd); State v. Rollins, 4 S.W.3d 453, 454 & n.1 (Tex. App.—Austin 1999, no pet.)); see also Ex parte Granados, No. 03-14-00288-CR, 2014 Tex. App. LEXIS 5065, at *1-2 (Tex. App.—Austin May 12, 2014) (per curiam order and mem. op.).
See Tex. R. App. P. 44.4(b); see also Granados, 2014 Tex. App. LEXIS 5065, at *2 (abating appeal under similar circumstances).
It is ordered on March 7, 2017 Before Justices Puryear, Pemberton, and Goodwin Abated and Remanded Filed: March 7, 2017 Do Not Publish