Mitchell v. Wls. Fg.

Full title: ROY D. MITCHELL, Appellant v. WELLS FARGO BANK, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Sep 16, 2009

No. 10-09-00255-CV (Tex. App. Sep. 16, 2009)

Opinion

No. 10-09-00255-CV

Opinion delivered and filed September 16, 2009.

Appealed from the 40th District Court, Ellis County, Texas, Trial Court No. 74768.

Appeal dismissed.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.

MEMORANDUM OPINION

FELIPE REYNA, Justice.

Roy D. Mitchell has filed a notice of appeal without specifying the "order or judgment appealed from." See TEX. R. APP. P. 25.1(d)(2). According to the district clerk, Mitchell's case is still pending in the trial court. The Clerk of this Court notified the parties that the appeal was subject to dismissal for want of jurisdiction because the trial court has not signed a final judgment or other appealable order and advised that the appeal may be dismissed unless Mitchell or some other party filed a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). The Court has received no response. Accordingly, the appeal is dismissed. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n. 1 (Tex. 2007) ("Texas appellate courts have jurisdiction only over final orders or judgments unless a statute permits an interlocutory appeal.").