Lerardrick Phillips v. Office of the Attorney General

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-26-00141-CV

Lerardrick PHILLIPS,

Appellant

v.

OFFICE OF THE ATTORNEY GENERAL, Appellee

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2024-EM5-01302 Honorable Mary Lou Alvarez, Judge Presiding

PER CURIAM

Sitting: Lori Massey Brissette, Justice Adrian A. Spears II, Justice H. Todd McCray, Justice

Delivered and Filed: August 19, 2026 DISMISSED FOR WANT OF JURISDICTION The notice of appeal was filed in this case on February 20, 2026, purporting to appeal an order of the same day. The clerk’s record was filed in this appeal on June 15, 2026. The clerk’s record contains no orders or judgments rendered on that date or any date in 2026.

The Texas Rules of Appellate Procedure require the notice of appeal to state the date of the judgment or order appealed from. TEX. R. APP. P. 25.1(d)(2). Moreover, “Texas appellate courts have jurisdiction only over final orders or judgments unless a statute permits an interlocutory

04-26-00141-CV

appeal.” Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007). Thus, absent a final judgment or an appealable interlocutory order, this court has no jurisdiction over an appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When there is no appealable judgment or order, this court must dismiss the appeal. In re M.R.G., No. 04-17-00623-CV, 2017 WL 4938422, at *1 (Tex. App.—San Antonio 2017, no pet.). Although Rule 27.1 of the Texas Rules of Appellate Procedure deems a prematurely filed notice of appeal filed on the day of, but after, the date a written judgment is signed, it does not require an appellate court to hold an appeal open until an appealable judgment is signed. See TEX. R. APP. P. 27.1(a);

We therefore ordered appellant to file a written response to this order, stating: (1) the judgment or order he seeks to appeal; (2) for each appealed judgment or order, the date it was signed by the trial court; and (3) a short statement, with citation to applicable authorities, explaining why each appealed judgment or order is appealable. On July 13, 2026, appellant filed a “Notice to inform the Court of events that occurred during the hearing held on July 13, 2026.” In the “notice” he explained a hearing took place in his case without his ability to participate because he could not hear anything via videoconference. He asked that we include his notice “in the appellate record” for this appeal. Appellant’s response fails to comply with our order.

Accordingly, this appeal is dismissed for want of jurisdiction.

PER CURIAM