Raymond Smith, Sr. and Marvin Hawkins, Jr. v. Laura Finch

• Court: Court of Appeals of Texas
• Decided: October 3, 2024
• Docket: 10-24-00162-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00162-CV

RAYMOND SMITH, SR. AND MARVIN HAWKINS, JR., Appellants v.

LAURA FINCH, Appellee

From the County Court at Law Hill County, Texas Trial Court No. CV114-24CC

MEMORANDUM OPINION

The record in this case contains no written, appealable order or judgment signed

by the trial court. See TEX. R. APP. P. 26.1. Though the record contains a docket sheet

entry dated March 6, 2024 stating that the case was dismissed for want of jurisdiction and

that the appeal bond was to be returned to Hawkins, a docket sheet entry is insufficient

to constitute a judgment or decree of the court. See Barnes v. Deadrick, 464 S.W.3d 48, 53

(Tex. App.—Houston [1st Dist.] 2015, no pet.). In a letter dated September 10, 2024, both Smith and Hawkins were notified about

the absence of a final, appealable judgment or order in the record and were warned that

this Court would dismiss their appeal unless they filed a response within 14 days

showing grounds for continuing the appeal. See TEX. R. APP. P. 26.1, 42.3, 44.3. Neither

Smith nor Hawkins filed the requested response.

Because there is no appealable order or judgment in the record, we lack

jurisdiction and dismiss Smith’s and Hawkins’s appeal. TEX. R. APP. P. 42.3, 44.3.

STEVE SMITH Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed October 3, 2024 Do not publish [CV06]

Smith v. Finch Page 2