Opinion
No. 04-12-00296-CV
07-11-2012
MEMORANDUM OPINION
From the County Court At Law No. 1, Webb County, Texas
Trial Court No. 2006CVG000217-C1
Honorable Ron Carr, Judge Presiding
PER CURIAM Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
DISMISSED FOR LACK OF JURISDICTION
On May 10, 2012, appellant filed a notice of appeal complaining of an order on respondent's motion to transfer venue signed on February 17, 2012. On May 29, 2012, the clerk's record was filed. After reviewing the record, we were unable to locate an order signed on February 17, 2012. We then ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001); City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988). Appellant filed a response in which he acknowledged that the trial court never signed an order pertaining to the February 17, 2012 hearing; appellant further states that he does not object to dismissal of the appeal without prejudice. Having confirmed that there is no final appealable order, we must dismiss this appeal. See Lehmann, 39 S.W.3d at 205-06. Accordingly, this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).
This dismissal, however, should not be construed to prevent appellant from later pursuing a timely appeal from an actual final judgment in this case.
PER CURIAM