Jonathan Lindsey v. the Money Source

Court of Appeals of Texas

Jonathan Lindsey v. the Money Source

Court of Appeals of Texas·Decided October 30, 2025·No. 01-25-00021-CV·Published

Opinion

Opinion issued October 30, 2025

In The

Court of Appeals

For The

First District of Texas

On November 14, 2024, the associate judge signed a non-suit order purporting to be a final judgment. It does not appear the district court ever signed these orders.1 An associate judge’s judgment is not appealable until the referring court signs it. See TEX. GOV’T CODE § 54A.116(b) (“[T]he date an order or judgment by the referring court is signed is the controlling date for the purposes of appeal to or request for other relief from a court of appeals or the supreme court.”); Rodriguez v. Slagle, No. 05-23-00547-CV, 2023 WL 6936912, at *1 (Tex. App.—Dallas Oct. 20, 2023,pet. dism’d w.o.j.) (mem. op.) (dismissing appeal because “an associate judge’s judgment is not appealable until signed by the referring court”). Nothing in the record indicates the district court signed either the summary-judgment order or the non-suit order.

Accordingly, on September 18, 2025, we requested a written response from the parties explaining why we have jurisdiction over this appeal, to be filed within ten days of the request. We stated that after expiration of the ten-day period, “the appeal may be dismissed for want of jurisdiction without further notice.” Neither party filed a response.

Because the record does not contain a final judgment signed by the referring court, and because neither party responded to our request, we dismiss this appeal

1 There is also no indication in the record that the district court referred this case to the associate judge.

for want of jurisdiction. See TEX. GOV’T CODE § 54A.116; TEX. R. APP. P. 42.3(a), 42.3(c).

PER CURIAM

Panel consists of Justices Guerra, Guiney, and Johnson.

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Opinion issued October 30, 2025

In The

Court of Appeals

For The

First District of Texas

On November 14, 2024, the associate judge signed a non-suit order purporting to be a final judgment. It does not appear the district court ever signed these orders.1 An associate judge’s judgment is not appealable until the referring court signs it. See TEX. GOV’T CODE § 54A.116(b) (“[T]he date an order or judgment by the referring court is signed is the controlling date for the purposes of appeal to or request for other relief from a court of appeals or the supreme court.”); Rodriguez v. Slagle, No. 05-23-00547-CV, 2023 WL 6936912, at *1 (Tex. App.—Dallas Oct. 20, 2023,pet. dism’d w.o.j.) (mem. op.) (dismissing appeal because “an associate judge’s judgment is not appealable until signed by the referring court”). Nothing in the record indicates the district court signed either the summary-judgment order or the non-suit order.

Accordingly, on September 18, 2025, we requested a written response from the parties explaining why we have jurisdiction over this appeal, to be filed within ten days of the request. We stated that after expiration of the ten-day period, “the appeal may be dismissed for want of jurisdiction without further notice.” Neither party filed a response.

Because the record does not contain a final judgment signed by the referring court, and because neither party responded to our request, we dismiss this appeal

1 There is also no indication in the record that the district court referred this case to the associate judge.

for want of jurisdiction. See TEX. GOV’T CODE § 54A.116; TEX. R. APP. P. 42.3(a), 42.3(c).

PER CURIAM

Panel consists of Justices Guerra, Guiney, and Johnson.

Jonathan Lindsey v. the Money Source, (Tex. Ct. App. 2025).

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