Summary
dismissing appeal of trial court's "expunction dismissal" where record did not contain a signed final order
Summary of this case from Ex parte D.R.Opinion
NO. 02-18-00169-CV
08-30-2018
EX PARTE J.C.
FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
TRIAL COURT NO. CDC4-E13308-17 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant has filed a notice of appeal seeking to appeal the trial court's "April 19, 2018 expunction dismissal."
By letter dated May 16, 2018, we notified the parties of our concern that we lack jurisdiction over this appeal because we were informed by the trial court clerk that the trial judge had not signed a final order in this case. See Tex. R. App. P. 26.1(a), 27.1(a). We requested that the parties submit a copy of the signed order that appellant seeks to appeal by Tuesday, June 5, 2018, and cautioned that any failure to do so would result in our dismissal of the appeal. See Tex. R. App. P. 42.3(a), 43.2(f).
No such order has been submitted. Additionally, we have reviewed the trial court clerk's record submitted to this court and have not located any such order. There is a March 13, 2018 notice of the "Expunction Dismissal Docket" that appears to have scheduled a dismissal hearing for appellant's case on April 19, 2018, but there is no indication that any such dismissal took place.
In a letter to this court, appellant requested that we abate the appeal and remand the matter to the trial court for a hearing "to resolve all matters concerning this litigation." We decline to do so.
Without a signed final order, we lack jurisdiction to consider this appeal. We therefore dismiss this appeal. See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM PANEL: SUDDERTH, C.J.; WALKER and MEIER, JJ. DELIVERED: August 30, 2018