Michael W. Palmer v. Cleveland Independent School District

• Court: Court of Appeals of Texas
• Decided: June 13, 2024
• Docket: 09-24-00138-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00138-CV __________________

MICHAEL W. PALMER, Appellant

V.

CLEVELAND INDEPENDENT SCHOOL DISTRICT, Appellee

__________________________________________________________________

On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. 24DC-CV-00432 __________________________________________________________________

MEMORANDUM OPINION

On April 15, 2024, Michael W. Palmer filed a notice of appeal in Trial Cause

Number 24DC-CV-00432. The notice of appeal complains that the trial court has

not drafted a docket control order. We notified the parties that the notice of appeal

did not identify a final judgment or an appealable order, and we warned the parties

that the appeal would be dismissed for lack of jurisdiction unless the Court received

a response showing a ground for continuing the appeal.

1 Generally, in civil cases appellate courts review only final judgments and

interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con

Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appeal from an interlocutory order may

proceed as an accelerated appeal “when allowed by statute[.]” See Tex. R. App. P.

28.1. The appellant has failed to comply with the notice from the clerk requiring

action within a specified time. See id. 42.3(c). Palmer failed to file a response or

identify a final judgment or a written order from which an appeal is authorized by

law. Accordingly, we dismiss the appeal. See id. 42.3(a), (c), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 12, 2024 Opinion Delivered June 13, 2024

Before Golemon, C.J., Horton and Wright, JJ.