Nancy Walker v. Richard Walker

• Court: Court of Appeals of Texas
• Decided: November 28, 2005
• Docket: 13-05-00642-CV
• Status: Published

Opinion

                             NUMBER 13-05-642-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

______________________________________________________ _

NANCY WALKER,                                                    Appellant,

                                           v.

RICHARD WALKER,                                                   Appellee.

_______________________________________________________ 

                  On appeal from the 404th District Court

                          of Cameron County, Texas.

                     MEMORANDUM OPINION

            Before Justices Hinojosa, Rodriguez, and Castillo

                       Memorandum Opinion Per Curiam

Appellant, NANCY WALKER, attempted to perfect an appeal from an order entered by the 404th District Court of Cameron County, Texas, in cause no. 2003-10-5303-G.  Appellant has now filed a motion for expedited determination of appellate court jurisdiction.

In her motion, appellant states that the order from which this appeal is taken does not divide the marital estate, as is required before any decree of divorce can be final.  Appellant requests that this Court determine its jurisdiction over this appeal, and in particular whether the Aorder granting divorce@ is a final, appealable order.  Appellant requests that, if this Court determines that the order is not appealable, the appeal be dismissed for want of jurisdiction before further resources are expended.

The Court, having considered the documents on file and appellant=s motion for expedited determination of appellate court jurisdiction, is of the opinion that the order from which this appeal is taken is not a final, appealable order and that the appeal should be dismissed for want of jurisdiction. Appellant=s motion for expedited determination of appellate court jurisdiction is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed this

the 28^th day of November, 2005.