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Rollins v. the Hon. Jay

Court of Appeals of Texas, First District, Houston
Nov 18, 2010
No. 01-10-00520-CV (Tex. App. Nov. 18, 2010)

Opinion

No. 01-10-00520-CV

Opinion issued November 18, 2010.

On Appeal from the 11th District Court Harris County, Texas, Trial Court Case No. 2009-33876.

Panel consists of Justices JENNINGS, ALCALA, and SHARP.


MEMORANDUM OPINION


This is an attempted appeal from the trial court's purported denial on June 7, 2010, of appellant Randall Rollins's Petition for Writ of Mandamus and Motion for No-Answer Default Judgment. We lack jurisdiction to hear the appeal.

On October 1, 2010, this Court notified Rollins by letter that it appeared we lacked jurisdiction in this case because the trial court has not signed an order from which Rollins is appealing or a final judgment disposing of the case. On October 14, Rollins filed his response, contending that the trial court's docket entry constitutes an appealable final judgment.

The record reflects that the trial court gave notice to all parties of its intent to dismiss the case for want of prosecution. The record does not contain the trial court's actual dismissal.

The general rule, with only a few exceptions that are not implicated here, is that an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A docket entry does not constitute a final judgment or other written order. See In re Burlington Coat Factory Warehouse of McAllen, Inc., 167 S.W.3d 827, 831 (Tex. 2005); Presley v. Presley, 214 S.W.3d 491, 492 (Tex. App.-Dallas 2006, no pet.). Therefore, since Rollins has directed our attention only to a docket entry, he has failed to establish our jurisdiction.

We dismiss the appeal for want of jurisdiction.


Summaries of

Rollins v. the Hon. Jay

Court of Appeals of Texas, First District, Houston
Nov 18, 2010
No. 01-10-00520-CV (Tex. App. Nov. 18, 2010)
Case details for

Rollins v. the Hon. Jay

Case Details

Full title:Randall Rollins, Appellant v. The Honorable James Jay, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Nov 18, 2010

Citations

No. 01-10-00520-CV (Tex. App. Nov. 18, 2010)