Opinion
04-23-01111-CV
02-26-2024
IN THE MATTER OF THE MARRIAGE OF GEOFFREY PAWLACZYK AND RENEE PAWLACZYK AND IN THE INTEREST OF G.D.P. AND N.L.P., CHILDREN
From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 20-439 Honorable Kirsten Cohoon, Judge Presiding
ORDER
Liza A. Rodriguez, Justice
The clerk's record was filed on February 15, 2024. After reviewing the clerk's record, we question our jurisdiction over this appeal.
"Texas appellate courts have jurisdiction only over final orders or judgments unless a statute permits an interlocutory appeal." Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007). "Appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly provides appellate jurisdiction." Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998). Thus, absent a final judgment or an appealable interlocutory order, this court has no jurisdiction over an appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When there is no appealable judgment or order, this court must dismiss the appeal. In re M.R.G., No. 04-17-00623-CV, 2017 WL 4938422, at *1 (Tex. App.-San Antonio 2017, no pet.).
On December 8, 2023, appellant Geoffrey Pawlaczyk filed a notice of appeal stating that he desires to appeal a "[j]ury trial ruling from on or about February 14-18, 2022." The clerk's record shows that a jury trial was held in the underlying divorce proceeding, but it does not contain a final judgment signed by the trial court. Although Rule 27.1 of the Texas Rules of Appellate Procedure deems a prematurely filed notice of appeal filed on the day of, but after, the date a written judgment is signed, it does not require an appellate court to hold an appeal open until an appealable judgment is signed. See Tex. R. App. P. 27.1(a); In re M.R.G., 2017 WL 4938422, at *1; Ganesan v. Reeves, 236 S.W.3d 816, 817 (Tex. App.-Waco 2007, pet. denied).
Additionally, on December 28, 2023, and January 26, 2024, appellant filed documents in the trial court which we construe as amended notices of appeal. In these amended notices, appellant expresses his desire to bring an "interlocutory appeal" of "the rulings and findings [from] the jury trial ending on or about February 18, 2022, as well as the related orders that were a result of the jury trial." The clerk's record contains multiple orders signed by the trial court, but appellant's amended notices of appeal do not identify the order or orders appealed from. Rule 25.1(d)(2) of the Texas Rules of Appellate Procedure provides that a notice of appeal "must state the date of the judgment or order appealed from." See Tex. R. App. P. 25.1(d)(2).
We, therefore, ORDER appellant to file, on or before March 15, 2024, a written response to this order, stating: (1) each order he seeks to appeal; (2) for each appealed order, the date the order was signed by the trial court and the date the relevant notice of appeal challenging that order was filed; (3) a short statement, with citation to applicable authorities, explaining why each appealed order is an appealable order. Appellant's response must contain appropriate citations to the clerk's record. If appellant does not timely file a written response, this appeal will be dismissed without further notice. See Tex. R. App. P. 42.3(a),(c).
All appellate deadlines are suspended pending further order of this court.