Rodolfo Urrutia and Claudia Urrutia v. the City of Waco, Texas and Waco ISD
This text of Rodolfo Urrutia and Claudia Urrutia v. the City of Waco, Texas and Waco ISD (Rodolfo Urrutia and Claudia Urrutia v. the City of Waco, Texas and Waco ISD) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Court of Appeals Tenth Appellate District of Texas
10-25-00276-CV
Rodolfo Urrutia and Claudia Urrutia, Appellants
v.
The City of Waco, Texas and Waco ISD, Appellees
On appeal from the 474th District Court of McLennan County, Texas Judge E. Alan Bennett, presiding Trial Court Cause No. 2025-275-6
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Appellants, Rodolfo Urrutia and Claudia Urrutia, appealed “from any
final judgment rendered in this case.” The “judgment” in question is a notice
of nonsuit filed by the City of Waco, Texas and Waco Independent School
District. No final judgment has been signed in this proceeding.
By letter dated August 20, 2025, the Clerk of this Court informed the
appellants that there appears to be no final, appealable judgment in this proceeding and questioned the Court’s jurisdiction over the appeal. Appellants
were ordered to respond to the Clerk’s letter, and they filed a response with
the trial court clerk that this Court has received in a clerk’s record.
“Appellate timetables do not run from the date a nonsuit is filed, but
rather from the date the trial court signs an order of dismissal.” In re Bennett,
960 S.W.2d 35, 38 (Tex. 1997) (citing Farmer v. Ben E. Keith Co., 907 S.W.2d
495, 496 (Tex. 1995) ("The appellate timetable does not commence to run other
than by a signed, written order, even when the signing of such an order is
purely ministerial.")). Because no order of dismissal has been signed, there is
no final judgment for purposes of appeal. In re Bennett, 960 S.W.2d at 38 (Tex.
1997).
Accordingly, this appeal is dismissed for want of jurisdiction. Appellants’
motion for emergency relief is dismissed as moot.
STEVE SMITH Justice
OPINION DELIVERED and FILED: September 11, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed; Motion dismissed CV06
Urrutia v. City of Waco, Texas Page 2
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