in Re: Order for Foreclosure, Concerning 6304 Ridgehurst, San Antonio, Texas 78250-5006

Court of Appeals of Texas·Decided September 18, 2019·No. 04-19-00567-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00567-CV

IN RE ORDER FOR FORECLOSURE concerning 6304 Ridgehurst, San Antonio, Texas 78250-5006

From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-07478 Honorable Antonia Arteaga, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice

Delivered and Filed: September 18, 2019

DISMISSED FOR LACK OF JURISDICTION

On August 22, 2019, appellant filed a notice of appeal stating its intent to appeal an order

awarding the appellees attorney’s fees; however, the notice of appeal stated no final order was

signed. On August 26, 2019, a deputy clerk of this court contacted the trial court regarding the

status of the order and was informed no order will be entered.

“[T]he general rule, with a few mostly statutory exceptions, is that an appeal may be taken

only from a final judgment.” Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).

Because no final judgment or appealable order appeared to have been entered in the underlying

cause with regard to the payment of attorney’s fees, appellant was ordered to show cause in writing

why this appeal should not be dismissed for lack of jurisdiction. On September 3, 2019, appellant 04-19-00567-CV

filed a motion to dismiss, conceding its appeal was prematurely filed. Because no final order has

been entered in the underlying cause, this appeal is dismissed for lack of jurisdiction.

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in Re: Order for Foreclosure, Concerning 6304 Ridgehurst, San Antonio, Texas 78250-5006, (Tex. Ct. App. 2019).

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Related

Lehmann v. Har-Con Corp.
39 S.W.3d 191 (Texas Supreme Court, 2001)