Opinion
No. 01-03-01047-CV
Opinion issued February 10, 2005.
On Appeal from the 129th District Court, Harris County, Texas, Trial Court Cause No. 2003-01047.
Panel consists of Justices NUCHIA, JENNINGS, and HIGLEY.
MEMORANDUM OPINION
After being notified that this appeal was subject to dismissal for want of jurisdiction because there is no appealable judgment or order, appellant did not respond. See TEX. R. APP. P. 42.3(a) (allowing involuntary dismissal of case).
The appeal is dismissed for want of jurisdiction. See Cudd Pressure Control, Inc. v. Sonat Exploration Co., 74 S.W.3d 185, 187 (Tex.App.-Texarkana 2002, pet. denied) ("If no final judgment exists, this Court has no jurisdiction over the appeal.") TEX. CIV. PRAC. REM. CODE ANN. § 51.012 (Vernon 1997) ("In a civil case in which the judgment or amount in controversy exceeds $100 . . . a person may take an appeal or writ of error to the court of appeals from a final judgment of the district or county court.") All pending motions are denied.
JUDGMENT
Appeal from the 129th District Court of Harris County, Texas. (Tr. Ct. No. 2003-06571). Panel consists of Justices Nuchia, Alcala, and Higley. Per curiam opinion.
The cause heard today by the Court is an attempted appeal. The Court notified appellant JAMES C. WILLIAMSON that the Court has no jurisdiction to hear this appeal. After being notified that this appeal was subject to dismissal, appellant JAMES C. WILLIAMSON did not adequately respond. It is therefore CONSIDERED, ADJUDGED, and ORDERED that the appeal be dismissed for want of jurisdiction.
It is further ORDERED that appellant, JAMES C. WILLIAMSON, pay all costs incurred by reason of this appeal, which the Clerk of this Court will list on the statement of costs that will issue with the mandate in this appeal.
It is further ORDERED that this decision be certified below for observance.
Judgment rendered by panel consisting of Justices Nuchia, Jennings, and Higley.
MANDATE
TO THE 129TH DISTRICT COURT OF HARRIS COUNTY, GREETINGS:
Before our Court of Appeals for the First District of Texas, on February 10, 2005, the cause upon appeal to revise or reverse your judgment between
JAMES C. WILLIAMSON, Appeal from the 129th District Court of APPELLANT Harris County, Texas. (Tr. Ct. No. 2003-06571). Panel consists of Justices No. 01-03-01047-CV V. Nuchia, Jennings, and Higley. Per curiam opinion. UNKNOWN, APPELLEE
was determined; and therein our said Court made its order in these words:
"The cause heard today by the Court is an attempted appeal. The Court notified appellant JAMES C. WILLIAMSON that the Court has no jurisdiction to hear this appeal. After being notified that this appeal was subject to dismissal, appellant JAMES C. WILLIAMSON did not adequately respond. It is therefore CONSIDERED, ADJUDGED, and ORDERED that the appeal be dismissed for want of jurisdiction.
It is further ORDERED that appellant, JAMES C. WILLIAMSON, pay all costs incurred by reason of this appeal, which the Clerk of this Court will list on the statement of costs that will issue with the mandate in this appeal.
It is further ORDERED that this decision be certified below for observance.
Judgment rendered by panel consisting of Justices Nuchia, Jennings, and Higley"
WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the First District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.
WITNESS the HON. SHERRY RADACK, Chief Justice of our Court of Appeals, with the Seal thereof affixed, at the City of Houston, on this date, _____________________.
MARGIE THOMPSON, CLERK
By _____________________________ CHIEF DEPUTY