Jeffrey Polk Killian v. Angela Nicole Killian

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-18-00239-CV ___________________________

JEFFREY POLK KILLIAN, Appellant

V.

ANGELA NICOLE KILLIAN, Appellee

On Appeal from the 16th District Court Denton County, Texas Trial Court No. 16-04048-16

Before Sudderth, C.J.; Walker and Meier, JJ. Opinion by Chief Justice Sudderth MEMORANDUM OPINION

After Appellant Jeffrey Polk Killian filed a notice of appeal on July 27, 2018, we

notified him of our concern that we lacked jurisdiction over the appeal because the

trial court clerk had informed us that the trial judge had not yet signed an appealable

order or a final judgment, making the notice of appeal premature. See Tex. R. App. P.

26.1(a) (setting deadline to file notice of appeal “after the judgment is signed”), 27.1(a)

(providing that in a civil case, a prematurely filed notice of appeal is effective and

deemed filed on the day of, but after, the event that begins the period for perfecting

the appeal).

We gave the parties until August 16, 2018, to furnish this court with a signed

copy of an appealable order and warned that we would dismiss the appeal for want of

jurisdiction if no order was signed and furnished to us by that date. See Tex. R. App.

P. 42.3(a) (providing for involuntary dismissal for want of jurisdiction). Because

neither party has furnished us with said order, we dismiss the appeal for want of

jurisdiction. See Tex. R. App. P. 43.2(f) (providing for dismissal of appeal).

/s/ Bonnie Sudderth

Bonnie Sudderth Chief Justice

Delivered: September 27, 2018