Felipe Gomez v. Oscar Stilley

• Court: Court of Appeals of Texas
• Decided: March 22, 2023
• Docket: 04-23-00129-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00129-CV

Felipe GOMEZ, Appellant

v.

Oscar STILLEY and Alan Braid, Appellees

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2021CI19940 Honorable Norma Gonzales, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: March 22, 2023

DISMISSED FOR WANT OF JURISDICTION

In 2021, Felipe N. Gomez moved to intervene in the case of Oscar Stilley v. Alan Braid,

M.D., trial court cause number 2021CI19940. On February 15, 2023, Appellant Gomez filed a

notice of appeal. His notice “states his intent to appeal the 2.6.23 refusal of the Trial Court to hear

[Appellant]’s 402.010 Motion, as well as failing to dismiss the case for DWOP otherwise.”

Appellant acknowledges the trial court did not sign an order.

The clerk’s record shows the trial court’s handwritten notes from February 6, 2023, but a

judge’s notes “are not the kind of document[] that constitute a judgment, decision or order from 04-23-00129-CV

which an appeal may be taken.” See Goff v. Tuchscherer, 627 S.W.2d 397, 398–99 (Tex. 1982);

Lares v. Muniz, No. 04-20-00047-CV, 2020 WL 2441423, at *1 (Tex. App.—San Antonio May

13, 2020, no pet.) (mem. op.); see also In re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio

2012, no pet.) (“[A] judge’s notes are for his or her own convenience and form no part of the

record.”).

On March 1, 2023, we ordered Appellant to show cause in writing by March 13, 2023, why

this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). We

warned Appellant that if he did not timely provide written proof as ordered, we would dismiss this

appeal without further notice. See id. To date, Appellant has not filed a response.

Because the clerk’s record does not contain an appealable order or final judgment, we

dismiss this appeal for want of jurisdiction.

-2-