Angelic Romo v. Samuel Suarez

• Court: Court of Appeals of Texas
• Decided: December 10, 2020
• Docket: 13-20-00420-CV
• Status: Published

Opinion

NUMBER 13-20-00420-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ANGELIC ROMO, Appellant,

v.

SAMUEL SUAREZ, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 2 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Justice Longoria

Appellant Angelic Romo attempted to perfect an appeal from an order signed on

October 7, 2020, granting appellee’s attorney’s motion to withdraw and to substitute

counsel. Upon review of the documents before the Court, it appeared that the order from

which this appeal was taken was not a final appealable order. The Clerk of this Court

notified appellant of this defect so that steps could be taken to correct the defect, if it could

be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not corrected within fifteen days from the date of receipt of this notice, the appeal would be

dismissed for want of jurisdiction. Appellant failed to respond to the Court’s notice. 1

Absent an appealable interlocutory order or final judgment, this Court has no

jurisdiction over this appeal. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex.

2007); Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Northeast Indep.

Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). The Court, having considered

the documents on file and appellant’s failure to correct the defect in this matter, is of the

opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the

appeal is DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a),(c).

NORA L. LONGORIA Justice

Delivered and filed the 10th day of December, 2020.

1Appellant has subsequently filed a petition for writ of mandamus in this matter under appellate cause number 13-20-00440-CV, which remains pending with the Court. 2