Opinion
04-23-01083-CV
01-05-2024
LITTON FULLER GROUP, Appellant v. Carlton Clardy JONES as Trustee for the Jones Carlton & Shirley Family Trust Dated January 25, 1990, as REstated on August 8, 2006 and Shirley Mann Jones Bypass Trust Dated January 20, 2007, Appellees
From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2023CI21138 Honorable Tina Torres, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On December 18, 2023, appellant filed a notice of appeal stating its intent "to appeal the trial court decision, memorialized in the attached 'Judge's Notes,' denying Defendant Litton Fuller Group's Special Appearance signed and filed on November 29, 2023." The clerk's record was filed on January 4, 2024. Although the clerk's record contains the referenced Judge's Notes, the clerk's record does not contain an order denying appellant's special appearance. See Gomez v. Stilley, No. 04-23-00129-CV, 2023 WL 2591495, at *1 (Tex. App.-San Antonio Mar. 22, 2023, no pet.) (mem. op.) (noting judge's notes do not constitute an appealable order).
Because no appealable order has been entered in the underlying case, appellant is ordered to show cause in writing no later than January 16, 2024 why this appeal should not be dismissed for lack of jurisdiction.
If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(C). IF A SUPPLEMENTAL CLERK'S RECORD IS REQUIRED TO ESTABLISH THIS COURT'S JURISDICTION, APPELLANT MUST ASK THE TRIAL COURT CLERK TO PREPARE ONE AND MUST NOTIFY THE CLERK OF THIS COURT THAT SUCH A REQUEST WAS MADE. ALL OTHER APPELLATE DEADLINES ARE SUSPENDED PENDING FURTHER ORDER OF THIS COURT.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of January, 2024.