in the Matter of the Marriage of Maria De Jesus Garcia and Wilfrido Garcia and in the Interest of Minor Children

• Court: Court of Appeals of Texas
• Decided: May 24, 2012
• Docket: 13-12-00238-CV
• Status: Published

Opinion

NUMBER 13-12-00238-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

IN THE MATTER OF THE MARRIAGE OF MARIA DE JESUS GARCIA AND WILFRIDO GARCIA AND IN THE INTEREST OF MINOR CHILDREN ____________________________________________________________

On appeal from the 449th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam

Appellant, Doug Allison and Law Offices of Douglas A. Allison, attempted to

perfect an appeal from an order signed on October 9, 2009, in cause no. F-551-05-K.

Upon review of the documents before the Court, it appeared that the notice of appeal was

not timely perfected and that the order was not appealable. On April 17, 2012, the Clerk

of this Court notified appellant of these defects so that steps could be taken to correct the

defects, if it could be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was advised that,

if the defect was not corrected within ten days from the date of receipt of the notice, the appeal would be dismissed for want of jurisdiction. Appellant responded to the Court=s

notice and advised that the notice of appeal references an order signed on October 9,

2009, but the trial court judge never signed an order relating to the hearing that occurred

on October 9, 2009.

In terms of appellate jurisdiction, appellate courts only have jurisdiction to review

final judgments and certain interlocutory orders identified by statute. Lehmann v.

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because there is no final judgment or

order subject to appeal, the notice of appeal is premature. See Tex. R. App. P. 26.1,

27.1(a)

Appellant has not demonstrated that a written order has been signed.

Accordingly, the appeal is DISMISSED FOR WANT OF JURISDICTION. See TEX. R.

APP. P. 42.3(a).

PER CURIAM

Delivered and filed the 24th day of May, 2012.