Cordell Moody v. Steven Simmons

• Court: Court of Appeals of Texas
• Decided: October 14, 2010
• Docket: 06-10-00089-CV
• Status: Published

Opinion

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-10-00089-CV

                                        CORDELL MOODY, Appellant

                                                                V.

                                STEVEN SIMMONS, ET AL., Appellees

                                        On Appeal from the 76th Judicial District Court

                                                             Camp County, Texas

                                                       Trial Court No. CV-09-1204

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss

                                                      MEMORANDUM OPINION

            Appellant, Cordell Moody, filed a notice of appeal September 9, 2010, “from the final judgment of the State Judicial District Court of Camp County, Texas, entered on or about August, 2010.” 

            On receipt of the clerk’s record, we noted that a final judgment was entered in this cause of action December 17, 2009.  We then called the Camp County District Clerk and inquired whether there were any further orders entered from which Moody might be appealing and were informed no such orders existed.  Therefore, even with a timely motion for new trial, the latest date a timely notice of appeal could have been filed was March 17, 2010. 

            In accordance with Rule 42.3 of the Texas Rules of Appellate Procedure, we provided notice to Moody, requesting that he show this Court how we had jurisdiction over this appeal.  Tex. R. App. P. 42.3.  We have received Moody’s response, and considered it.  We do not find it to be persuasive.

            We dismiss this appeal for want of jurisdiction.

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

Date Submitted:          October 13, 2010       

Date Decided:             October 14, 2010