Benjamin Kyle Burba v. Secretary of Housing and Urban Development

• Court: Court of Appeals of Texas
• Decided: January 15, 2025
• Docket: 07-24-00370-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00370-CV

BENJAMIN KYLE BURBA, APPELLANT

V.

SECRETARY OF HOUSING AND URBAN DEVELOPMENT, APPELLEE

On Appeal from the County Court at Law No. 2 Potter County, Texas Trial Court No. 112530-2-CV, Honorable Matthew H. Hand, Presiding

January 15, 2025 MEMORANDUM OPINION Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Benjamin Kyle Burba, proceeding pro se, filed a notice of appeal from

the trial court’s “Notice of Hearing” on a petition for eviction. Though the eviction hearing

was scheduled for December 4, 2024, the trial court clerk has informed this Court that no

order or judgment has been rendered by the trial court.

Our appellate jurisdiction is limited to final judgments or from interlocutory orders

made immediately appealable by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998) (per curiam).

By letter of November 22, 2024, we informed Burba that it appeared we lacked jurisdiction

over this appeal. We directed Burba to demonstrate grounds for continuing the appeal

by December 2 or we would dismiss the appeal for want of jurisdiction. Burba has not

responded to our letter to date.

Because there is no final judgment in this case or appealable order presented for

review, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

Per Curiam