Lucinda Richardson v. Hance Realty LLC

• Court: Court of Appeals of Texas
• Decided: July 14, 2022
• Docket: 04-22-00316-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas July 14, 2022

No. 04-22-00316-CV

Lucinda RICHARDSON, Appellant

v.

HANCE REALTY, LLC, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2021CV04081 Honorable David J. Rodriguez, Judge Presiding

ORDER On May 24, 2022, appellant filed a notice of appeal stating her intent to appeal an “eviction case that occurred May 20, 2022.” The clerk’s record was filed on July 13, 2022. Although the clerk’s record contains an order setting a hearing for May 20, 2022, it does not contain any written order signed on or after that date. The trial court clerk has informed this court that there is no final order on file in this case.

“[A]n appeal may be prosecuted only from a final judgment.” Ne. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). “An oral ruling, not reduced to writing and signed by the trial court, is not a final or otherwise appealable judgment or order.” In re M.R.G., No. 04- 17-00623-CV, 2017 WL 4938422, at *1 (Tex. App.—San Antonio Nov. 1, 2017, no pet.) (mem. op.). Because no final order has been entered in the underlying case, we ORDER appellant to show cause in writing by July 29, 2022 why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If a supplemental clerk’s record is required to establish this court’s jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All other deadlines in this matter are suspended until further order of the court.

_________________________________ Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of July, 2022.

___________________________________ Michael A. Cruz, Clerk of Court