Jimmy Lee Menifee v. Dallas Behavioral Health Care Hospital

Opinion

Dismiss and Opinion Filed February 26, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00955-CV

JIMMY LEE MENIFEE, Appellant V. DALLAS BEHAVIORAL HEALTH CARE HOSPITAL, Appellee

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-19-02833-A

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Nowell Opinion by Justice Nowell We questioned our jurisdiction over this appeal as the clerk’s record did not

reflect the existence of the November 3, 2020 judgment appellant sought to appeal

or that any final judgment or other appealable order had been signed. See Jack B.

Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 & n. 13 (Tex. 1992) (appeals may

only be taken from interlocutory orders permitted by statute or rule and final

judgments that dispose of all issues between parties). In fact, the record reflected

the trial court abated and administratively closed this case on February 11, 2020,

leaving a motion to dismiss the underlying suit undetermined. In jurisdictional briefing filed at our request, appellant does not dispute the

case was closed or that the judgment he sought to appeal does not exist, and appellee

confirms no final judgment or appealable order has been signed. Accordingly,

because no final judgment or other appealable order has been signed, we dismiss the

appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Tipps, 842 S.W.2d at

272.

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

200955F.P05

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

JIMMY LEE MENIFEE, Appellant On Appeal from the County Court at Law No. 1, Dallas County, Texas No. 05-20-00955-CV V. Trial Court Cause No. CC-19-02833- A. DALLAS BEHAVIORAL HEALTH Opinion delivered by Justice Nowell, CARE HOSPITAL, Appellee Justices Molberg and Reichek participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this 26th day of February, 2021.

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