From Casetext: Smarter Legal Research

West v. Brenntag SW

Court of Appeals of Texas, Sixth District, Texarkana
May 11, 2004
No. 06-03-00149-CV (Tex. App. May. 11, 2004)

Opinion

No. 06-03-00149-CV.

Submitted: May 10, 2004.

Decided: May 11, 2004.

On Appeal from the 124th Judicial District Court Gregg County, Texas, Trial Court No. 2002-90-B.

Before MORRISS, C.J., ROSS and CARTER, JJ.


MEMORANDUM OPINION


Marion Thomas West, Individually and d/b/a Royle Container Company has filed a purported appeal. He filed a docketing statement with this Court reflecting that a jury had reached a verdict and that he filed his notice of appeal November 7, 2003. He has requested preparation of the clerk's and reporter's records, neither of which has been filed. This is likely because the trial court has signed no judgment in this case.

On April 2, 2004, over five months after West filed his notice of appeal, we recognized no record had been filed and no action apparently taken to obtain it. We then contacted counsel by letter, specifically pointing out that, as of that date, no judgment had been signed from which he could appeal and warning him that, if he did not take sufficient action to show this Court the appeal was proceeding properly, it would be subject to dismissal.

As of this date, no judgment has been signed in this case. Appellate timetables are calculated from the date the judgment is signed. As there is no judgment in existence from which an appeal may be pursued, we dismiss this appeal, without prejudice to an appeal being taken after a judgment is signed.


Summaries of

West v. Brenntag SW

Court of Appeals of Texas, Sixth District, Texarkana
May 11, 2004
No. 06-03-00149-CV (Tex. App. May. 11, 2004)
Case details for

West v. Brenntag SW

Case Details

Full title:MARION THOMAS WEST, INDIVIDUALLY AND D/B/A ROYLE CONTAINER COMPANY…

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: May 11, 2004

Citations

No. 06-03-00149-CV (Tex. App. May. 11, 2004)