Perfecto Rodriguez, II v. Judith Slagle

• Court: Court of Appeals of Texas
• Decided: October 20, 2023
• Docket: 05-23-00547-CV
• Status: Published

Opinion

Dismissed and Opinion Filed October 20, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00547-CV

PERFECTO RODRIGUEZ, II, Appellant

V.

JUDITH SLAGLE, Appellee

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-06378

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Smith Opinion by Justice Molberg This appeal challenges the associate judge’s final judgment dismissing

appellant’s claims against appellee for failure to replead. Because an associate

judge’s judgment is not appealable until signed by the referring court, see TEX.

GOV’T. CODE ANN. § 54A.116(b), and nothing before us reflected the referring court

had signed the judgment, we requested appellant to file a letter brief addressing the

jurisdictional issue. Although appellant complied, nothing therein demonstrates our jurisdiction. Accordingly, on the record before us, we dismiss the appeal for want of

jurisdiction. See id.; TEX. R. APP. P. 42.3(a).

/Ken Molberg// KEN MOLBERG 230547f.p05 JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

PERFECTO RODRIGUEZ, II, On Appeal from the 68th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-22-06378. No. 05-23-00547-CV V. Opinion delivered by Justice Molberg. Justices Carlyle and Smith JUDITH SLAGLE, Appellee participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction.

Judgment entered this 20th day of October, 2023.

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