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Minor v. Simmons

Court of Appeals of Texas, Fourth District, San Antonio
Aug 17, 2022
No. 04-22-00448-CV (Tex. App. Aug. 17, 2022)

Opinion

04-22-00448-CV

08-17-2022

Patrick MINOR, Appellant v. William SIMMONS, Appellee


From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2018CI24173 Honorable Cynthia Marie Chapa, Judge Presiding

ORDER

LUZ ELENA D. CHAPA, JUSTICE

On July 21, 2022, appellant Patrick Minor filed a pro se notice of appeal seeking to appeal the trial court's dismissal of his suit. The clerk's record was filed on July 25, 2022, but it does not contain a final order or judgment dismissing the case. Instead, it contains two sets of judge's notes dated June 18, 2019 and March 2, 2020. In general, "an appeal may be prosecuted only from a signed final judgment," and for a judgment to be final, it must dispose of all the issues and parties in the case. N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). In addition, "judge's notes contained in the clerk's record do not constitute a final order." In re A.W., 384 S.W.3d 872, 873 (Tex. App.-San Antonio 2012, no pet.).

Because the clerk's record does not contain a signed final judgment, it appears we do not have jurisdiction over this appeal. Accordingly, we order appellant to file a response by September 1, 2022 showing cause 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 deadlines in this matter are suspended until further order of the court.


Summaries of

Minor v. Simmons

Court of Appeals of Texas, Fourth District, San Antonio
Aug 17, 2022
No. 04-22-00448-CV (Tex. App. Aug. 17, 2022)
Case details for

Minor v. Simmons

Case Details

Full title:Patrick MINOR, Appellant v. William SIMMONS, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 17, 2022

Citations

No. 04-22-00448-CV (Tex. App. Aug. 17, 2022)