Opinion
04-24-00692-CV
11-05-2024
IN RE: THE COMMITMENT OF STEPHEN PATRICK BLACK
From the 274th Judicial District Court, Guadalupe County, Texas Trial Court No. CV-15-1805 Honorable Gary L. Steel, Judge Presiding.
ORDER
Luz Elena D. Chapa, Justice
On October 25, 2024, we issued an order explaining "the trial court's July 31, 2024 order does not appear to be either a final judgment or an appealable interlocutory order." We ordered appellant Stephen Patrick Black to show cause in writing why this appeal should not be dismissed for lack of jurisdiction by November 25, 2024. See In re Commitment of Black, 594 S.W.3d 590, 592-93 Tex. App.-San Antonio 2019, no pet.). Black responded he "agree[d]" with our assessment.
However, Black asked that we "convert[] [his case] to a . . . mandamus." We direct the Clerk of the Court to change the designation of appellate cause number 04-24-00692-CV from an appeal to an original proceeding, and this court will review a petition accordingly. See CMH Homes v. Perez 340 S.W.3d 444, 453 (Tex. 2011). Because no petition has yet been filed, this case will be dismissed for want of jurisdiction November 15, 2024, unless Black files a petition for writ of mandamus that complies with Texas Rule of Appellate Procedure 52.3.