Patricia Powers v. Wesley Smith

• Court: Court of Appeals of Texas
• Decided: March 5, 2015
• Docket: 09-15-00026-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00026-CV ____________________

PATRICIA POWERS, Appellant

V.

WESLEY SMITH, Appellee _______________________________________________________ ______________

On Appeal from the Justice Court, Precinct 1 Montgomery County, Texas Trial Cause No. 9669SC ________________________________________________________ _____________

MEMORANDUM OPINION

Appearing pro se, Patricia Powers filed a notice of appeal from interlocutory

orders of a justice court. In a civil case, an appeal to the Court of Appeals may be

taken “from a final judgment of the district or county court.” See Tex. Civ. Prac. &

Rem. Code Ann. § 51.012 (West 2015). We questioned our jurisdiction over this

attempted appeal. The appellant did not file a written response within the time

specified in the notice from the clerk.

1 Powers’s notice of appeal from the justice court does not invoke this Court’s

appellate jurisdiction. The appeal is subject to dismissal for want of jurisdiction.

See Tex. R. App. P. 42.3(a). Furthermore, the appellant failed to comply with a

notice from the clerk requiring a response within a specified time. See Tex. R.

App. P. 42.3(c). Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3.

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on March 4, 2015 Opinion Delivered March 5, 2015

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