Aaron Lamon Muse v. State of Texas

• Court: Court of Appeals of Texas
• Decided: October 24, 2001
• Docket: 12-01-00171-CR
• Status: Published

Opinion

NO. 12-01-00170-CR

NO. 12-01-00171-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

AARON LAMON MUSE,

§ APPEAL FROM THE 7TH

APPELLANT

V.

§ JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

§ SMITH COUNTY, TEXAS

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PER CURIAM

This appeal is being dismissed for want of jurisdiction because Appellant has failed, after notice, to supplement the clerk's record with an appealable order. Appellant appeals from the trial court's denial of his nunc pro tunc motion. The denial of a motion for entry of judgment nunc pro tunc is not an appealable order. Allen v. State, 20 S.W.3d 164, 165 (Tex. App.- Texarkana 2000, pet. denied); cf. Shadowbrook Apartments v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex. 1990) (in a civil case, court is without jurisdiction to entertain appeal from denial of motion for judgment nunc pro tunc). On September 25, 2001, pursuant to Tex. R. App. P. 37.2 and 44.3, Appellant was notified that the clerk's record did not contain an appealable order and given until October 10, 2001 to supplement the clerk's record to show the jurisdiction of the Court. Appellant was further notified that his failure to timely supplement the record would result in the dismissal of this appeal.

As of October 19, 2001, Appellant has neither supplemented the record nor otherwise adequately responded to this Court's notice. Because no order demonstrating that Appellant has properly invoked this Court's jurisdiction is contained in the clerk's record, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 26.2, 34.5(a)(5), 44.3.

Opinion delivered October 24, 2001.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

DO NOT PUBLISH