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Jones v. Velasquez

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 20, 2014
NUMBER 13-14-00541-CV (Tex. App. Nov. 20, 2014)

Opinion

NUMBER 13-14-00541-CV

11-20-2014

FRANKLIN JONES, Appellant, v. TRINA L. VELASQUEZ, Appellee.


On Appeal from the 343rd District Court of Bee County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam

Appellant, Franklin Jones, filed a motion for leave to file notice of appeal, attempting to perfect an appeal from a judgment entered in cause no. B-12-1304-CV-C. Upon review of the documents before the Court, it appeared that there is no appealable order or judgment. On September 23, 2014, the Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of the notice, the appeal would be dismissed for want of jurisdiction. Appellant responded to the Court's notice by requesting an extension of time to cure the defect. This Court granted appellant until November 5, 2014 to cure the defect. Appellant has failed to respond.

In terms of appellate jurisdiction, appellate courts only have jurisdiction to review final judgments and certain interlocutory orders identified by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because there is no final judgment or order subject to appeal, the notice of appeal is premature. See Tex. R. App. P. 26.1, 27.1(a).

Appellant has not demonstrated that an appealable order or judgment has been signed. Accordingly, appellant's motion for leave to file notice of appeal is DENIED and the appeal is DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a).

PER CURIAM Delivered and filed the 20th day of November, 2014.


Summaries of

Jones v. Velasquez

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 20, 2014
NUMBER 13-14-00541-CV (Tex. App. Nov. 20, 2014)
Case details for

Jones v. Velasquez

Case Details

Full title:FRANKLIN JONES, Appellant, v. TRINA L. VELASQUEZ, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Nov 20, 2014

Citations

NUMBER 13-14-00541-CV (Tex. App. Nov. 20, 2014)