Richard Lares v. Martha Muñiz

• Court: Court of Appeals of Texas
• Decided: March 24, 2020
• Docket: 04-20-00047-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas March 24, 2020

No. 04-20-00047-CV

Richard LARES, Appellant

v.

Martha MUÑIZ, Appellee

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CI-15663 Honorable Peter Sakai, Judge Presiding

ORDER

Appellant Richard Lares is currently an inmate and is acting pro se in this appeal. The underlying suit began as a divorce proceeding. On February 6, 2020, Appellant filed a notice of appeal complaining of the trial court’s “Judgment of January 14, 2020.” The clerk’s record does not show a final judgment or appealable order signed on January 14, 2020. The clerk’s record does show the trial court’s handwritten notes from that date, but a judge’s notes “are not the kind of document[] that constitute[s] a judgment, decision or order from which an appeal may be taken,” see Goff v. Tuchscherer, 627 S.W.2d 397, 398–99 (Tex. 1982); In re Rivera, No. 04-12-00025-CV, 2012 WL 219591, at *1 (Tex. App.—San Antonio Jan. 25, 2012, no pet.) (mem. op.) (“A copy of the judge’s notes in place of an order is not sufficient.”); see also In re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio 2012, no pet.) (“[A] judge’s notes are for his or her own convenience and form no part of the record.”). We ORDER Appellant to show cause in writing within FIFTEEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). If Appellant does not timely provide written proof as ordered, this appeal will be dismissed without further notice. See id. All other appellate deadlines are SUSPENDED pending further order of this court. _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of March, 2020.

___________________________________ Michael A. Cruz, Clerk of Court