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Thompson v. Lumpkin

Court of Appeals of Texas, Tenth District
Jul 18, 2024
No. 10-23-00419-CV (Tex. App. Jul. 18, 2024)

Opinion

10-23-00419-CV

07-18-2024

LAWRENCE EDWARD THOMPSON AND CHARLES LAMAR HICKS, Appellants v. BOBBY LUMPKIN, TIMOTHY FITZPATRICK AND BRIAN SMITH, Appellees


From the 278th District Court Walker County, Texas Trial Court No. 2330959

Before Gray Chief Justice, Johnson Justice, and Smith Justice.

MEMORANDUM OPINION

STEVE SMITH, Justice

Appellants Lawrence Edward Thompson and Charles Lamar Hicks, each acting pro se, filed a joint notice of appeal purporting to appeal from a trial court judgment rendered on December 1, 2023. Upon review of the record, it is not clear what Appellants are attempting to appeal. The record does not contain a judgment dated December 1, 2023. Instead, the record contains a judgment dated March 8, 2024 that dismisses only Thompson's claims and does not address Hicks's claims. This judgment is not final. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Additionally, Hicks did not join Thompson's docketing statement or file his own docketing statement as required by the rules. See Tex. R. App. P. 9.1, 32.1.

By letter dated June 10, 2024, this Court's Clerk requested a response from Thompson showing he is appealing from an appealable judgment and that he is in compliance with Chapter 11 of the Texas Civil Practice and Remedies Code. Also, by letter of the same date, this Court's Clerk requested a response from Hicks showing grounds for continuing the appeal and either filing a document adopting Thompson's docketing statement or filing his own docketing statement. The Clerk's letters advised Thompson and Hicks that if they do not respond to each of the issues raised in the notice within twenty-one days from the date of the letter, the appeal would be dismissed. We further warned Thompson and Hicks that the failure to respond to the June 10, 2024 letter is an independent basis upon which the appeal can be dismissed.

Neither Thompson nor Hicks responded to our June 10, 2024 letter. Therefore, we dismiss this appeal for want of jurisdiction and for failure to respond to a notice from the Clerk requiring a response within a specified time. See Tex. R. App. P. 42.3; Lehmann, 39 S.W.3d at 195.

Dismissed.


Summaries of

Thompson v. Lumpkin

Court of Appeals of Texas, Tenth District
Jul 18, 2024
No. 10-23-00419-CV (Tex. App. Jul. 18, 2024)
Case details for

Thompson v. Lumpkin

Case Details

Full title:LAWRENCE EDWARD THOMPSON AND CHARLES LAMAR HICKS, Appellants v. BOBBY…

Court:Court of Appeals of Texas, Tenth District

Date published: Jul 18, 2024

Citations

No. 10-23-00419-CV (Tex. App. Jul. 18, 2024)