in the Interest of S.L.D., a Child

Opinion

DISMISS and Opinion Filed September 19, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00480-CV

IN THE INTEREST OF S.L.D., A CHILD

On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. 89-15333-R

MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright After reviewing the clerk’s record, this Court questioned its jurisdiction over this appeal

because there did not appear to be a final judgment or other appealable order. We instructed

appellant to file a letter brief addressing the jurisdictional issue and gave appellee an opportunity

to respond.

Generally, this Court has jurisdiction only over appeals from final judgments and certain

interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195

(Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id.

In the notice of appeal, appellant states he is appealing the “ruling handed down regarding

the Demand To Vacate Ab Initio/Jurisdiction/Fraud on April 16, 2018.” The clerk’s record does

not contain an order or judgment signed on that date. In his letter brief, appellant acknowledges

that the trial court has not signed a judgment. He states that the trial judge had him removed from

the courtroom “thus avoiding having to issue a judgment which in fact was a judgment by DEFAULT.” He also argues that Lehmann is inapplicable because this case is not a judicial

setting, but rather “an administrative setting under private contract.”

This Court is bound by the Texas Supreme Court’s holding in Lehmann. Because the

record before the Court does not contain a signed judgment or appealable order, this Court lacks

jurisdiction over the appeal. See Lehmann, 39 S.W.3d at 195. Accordingly, we dismiss the appeal.

See TEX. R. APP. P. 42.3(a).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

180480F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF S.L.D., A CHILD On Appeal from the 254th Judicial District Court, Dallas County, Texas No. 05-18-00480-CV Trial Court Cause No. 89-15333-R. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee Janice Davis recover her costs of this appeal from appellant Mayford Davis, Jr.

Judgment entered September 19, 2018.

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