Genaro Rene Perales v. Lux Land LLC

• Court: Court of Appeals of Texas
• Decided: November 22, 2021
• Docket: 04-21-00462-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 22, 2021

No. 04-21-00462-CV

Genaro Rene PERALES, Appellant

v.

LUX LAND LLC, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2021CV03390 Honorable David J. Rodriguez, Judge Presiding

ORDER Genaro Rene Perales, pro se, has filed a notice of appeal and the clerk has filed the record. The record reflects appellee obtained a judgment for eviction in the justice court, and the judgment was appealed to the county court at law. The case was set for a non-jury trial on October 21, 2021.

Perales filed a notice October 22, 2021, stating his desire to appeal the trial court’s judgment. However, the clerk’s record does not contain a signed judgment. Instead, it contains a proposed judgment that has been stricken through and judge’s notes and a docket entry, both of which state “default judgment denied.” In addition, the record reflects the case has been reset for a non-jury trial on January 14, 2022.

A written and signed judgment is necessary for an appeal. See Tex. R. App. P. 26.1 (appellate timetable runs from the date the judgment or order is signed); Garza v. Texas Alcoholic Beverage Comm'n, 89 S.W.3d 1, 8–9 (Tex. 2002); Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam).

We order the parties may respond by December 2, 2021, showing cause why this appeal should not be dismissed for want of jurisdiction. If a satisfactory response is not filed within the time provided, the appeal will be dismissed. See Tex. R. App. P. 42.3(c).

We further order all deadlines in this appeal stayed until further order of the court. _________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of November, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court