Opinion
No. 04-21-00065-CV
03-10-2021
Abelardo GONZALEZ, Appellant v. The Honorable Jose A. LOPEZ, Appellee
From the County Court at Law No 2, Webb County, Texas
Trial Court No. 2017FLI001815C3
Honorable Missy Medary, Judge Presiding
ORDER
On February 22, 2021, appellant filed a notice of appeal stating his intent to appeal an "oral ruling" issued on January 27, 2021. The clerk's record was filed on March 8, 2021. Although the clerk's record contains an order setting a hearing for January 27, 2021, it does not contain any written order signed on or after January 27, 2021. In response to this court's inquiry, the trial court clerk confirmed that a hearing occurred on January 27, 2021, but stated there is no written order from that hearing on file.
"[A]n appeal may be prosecuted only from a final judgment." Ne. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). "An oral ruling, not reduced to writing and signed by the trial court, is not a final or otherwise appealable judgment or order." In re M.R.G., No. 04-17-00623-CV, 2017 WL 4938422, at *1 (Tex. App.—San Antonio Nov. 1, 2017, no pet.) (mem. op.). Because no final order has been entered in the underlying case, we ORDER appellant to show cause in writing by March 25, 2021 why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If a supplemental clerk's record is required to establish this court's jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All other deadlines in this matter are suspended until further order of the court.
/s/_________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of March, 2021.
/s/_________
MICHAEL A. CRUZ, Clerk of Court