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Lares v. Muñiz

Fourth Court of Appeals San Antonio, Texas
May 13, 2020
No. 04-20-00047-CV (Tex. App. May. 13, 2020)

Opinion

No. 04-20-00047-CV

05-13-2020

Richard LARES, Appellant v. Martha MUÑIZ, Appellee


MEMORANDUM OPINION

From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CI-15663
Honorable Laura Salinas, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED FOR WANT OF JURISDICTION

The Honorable Laura Salinas made the judge's notes on January 14, 2020. The Honorable Mary Lou Alvarez is the presiding judge of the 45th Judicial District Court.

Appellant Richard Lares is currently an inmate and is acting pro se in this appeal. The underlying suit relates to Appellant's divorce proceeding and subsequent child support. Appellant filed a notice of appeal complaining of the trial court's "Judgment of January 14, 2020."

However, the clerk's record does not show a final judgment or appealable order signed on January 14, 2020. The clerk's record shows the trial court's handwritten notes from that date, but a judge's notes "are not the kind of document[] that constitute[s] a judgment, decision or order from which an appeal may be taken," see Goff v. Tuchscherer, 627 S.W.2d 397, 398-99 (Tex. 1982); In re Rivera, No. 04-12-00025-CV, 2012 WL 219591, at *1 (Tex. App.—San Antonio Jan. 25, 2012, no pet.) (mem. op.) ("A copy of the judge's notes in place of an order is not sufficient."); see also In re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio 2012, no pet.) ("[A] judge's notes are for his or her own convenience and form no part of the record.").

After granting Appellant an extension of time to file his response, we ordered Appellant to show cause in writing by April 29, 2020, why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). We warned Appellant that if he did not timely provide written proof as ordered, this appeal would be dismissed without further notice. To date, we have received no response.

Because the clerk's record does not contain a final order or judgment, we dismiss this appeal for want of jurisdiction.

PER CURIAM


Summaries of

Lares v. Muñiz

Fourth Court of Appeals San Antonio, Texas
May 13, 2020
No. 04-20-00047-CV (Tex. App. May. 13, 2020)
Case details for

Lares v. Muñiz

Case Details

Full title:Richard LARES, Appellant v. Martha MUÑIZ, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: May 13, 2020

Citations

No. 04-20-00047-CV (Tex. App. May. 13, 2020)

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