Jerre-Graham: Kneip v. State

• Court: Court of Appeals of Texas
• Decided: April 11, 2001
• Docket: 04-01-00126-CV
• Status: Published

Opinion

No. 04-01-00126-CV Jerre KNEIP, Appellant v. The STATE of Texas, Appellee From the County Court at Law, Kerr County, Texas Trial Court No. CV010004 Honorable Spencer W. Brown, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: April 11, 2001

DISMISSED FOR LACK OF JURISDICTION

On November 7, 2000, Jerre Kneip's bail bond was forfeited for failure to appear. On January 2, 2001, the court entered a judgment nisi against Kneip and Davis Bonding Company and citations were issued. The record does not reflect whether either Kneip or Davis Bonding answered or appeared. On February 2, 2001, Kneip filed a notice appealing the judgment nisi. No final judgment of forfeiture has been signed.

A judgment nisi is a judicial declaration of forfeiture; it is an interlocutory judgment, not a final judgment. Hokr v. State, 545 S.W.2d 463, 465 (Tex. Crim. App. 1977). A bail bond forfeiture is not final and appealable until a final judgment, disposing of both the principal and surety, is signed. See Bostick v. State, 81 Tex. Crim. 402, 195 S.W. 863 (1917); Lozano v. State, 978 S.W.2d 645, 647-48 (Tex. App.-Eastland 1998, no pet.). We therefore dismiss this appeal for lack of jurisdiction.

DO NOT PUBLISH