Maurice Mitchell v. Texas Department of Criminal Justice Institutional Division and the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 15, 2021
• Docket: 09-21-00020-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00020-CV __________________

MAURICE MITCHELL, Appellant

V.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL DIVISION AND THE STATE OF TEXAS, Appellees

__________________________________________________________________

On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV32384 __________________________________________________________________

MEMORANDUM OPINION

Appellant Maurice Mitchell filed a notice of interlocutory appeal, in which

he states that the defendants failed to respond to his motion for summary judgment.

The information from the District Clerk indicates that the trial court has not yet

signed an appealable order.

On February 1, 2021, we questioned our jurisdiction over the appeal and

instructed the parties to file written responses identifying the particular statute or

1 rule authorizing an interlocutory appeal by February 22, 2021. In the same letter, we

warned the parties that we would dismiss the appeal unless our jurisdiction is

established.

Appellant filed a response, but he failed to identify a signed order by the trial

court that is appealable at this time. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014;

Tex. R. App. P. 42.3(a). Accordingly, we dismiss the appeal for lack of jurisdiction.

See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on April 14, 2021 Opinion Delivered April 15, 2021

Before Golemon, C.J., Kreger and Johnson, JJ.