Summary
stating that, absent a judgment or other appealable order, there is nothing for the appellate court to review
Summary of this case from In re Interest of A.E.Opinion
No. 05-17-00251-CV
04-26-2017
IN THE INTEREST OF K.V., A CHILD
On Appeal from the 330th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-16-26930
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Appellant filed a notice of appeal stating that he was appealing the judgment dated March 1, 2017. The Court then received a letter from the district clerk's office informing us that "there's only an Associate Judge's Report filed pending a hearing, May 22, 2017." On March 17, 2017, the Court sent the parties a letter questioning our jurisdiction over this appeal as there does not appear to be a final judgment. We instructed appellant to file, by March 27, 2017, a letter brief addressing the jurisdictional issue with an opportunity for appellee to file a response. We cautioned appellant that failure to file a letter brief within the time specified may result in dismissal of the appeal without further notice. As of today's date, appellant has not filed a response.
Generally, this Court has jurisdiction only over appeals from final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. Id.
The record before this Court demonstrates that the trial court has not rendered a final judgment or other appealable order. Without a judgment or other appealable order, there is nothing for this Court to review. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 170251F.P05
JUDGMENT
On Appeal from the 330th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DF-16-26930.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee CANDISE BOYD recover her costs of this appeal from appellant ERIC VENSON. Judgment entered April 26, 2017.