Sergio Ferero v. Humberto Guzman

• Court: Court of Appeals of Texas
• Decided: August 15, 2023
• Docket: 01-23-00363-CV
• Status: Published

Opinion

Opinion issued August 15, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00363-CV ——————————— SERGIO FERERO, Appellant V. HUMBERTO GUZMAN, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1203684

MEMORANDUM OPINION

Appellant Sergio Ferero filed a notice of appeal from the May 12, 2023

order denying his appeal from the Justice Court’s denial of his statement of

inability to afford payment of court costs. We dismiss this appeal for lack of

jurisdiction. The clerk’s record indicates that appellee filed a petition for eviction of

appellant in the Justice Court on March 20, 2023. Appellant filed a statement of

inability in the Justice Court on April 17, 2023. The Justice Court denied

appellant’s statement of inability by order signed on April 18, 2023. Appellant

then filed an appeal of that denial in the County Court on April 24, 2023. The

County Court denied the appeal by order signed on May 12, 2023. Appellant then

filed a notice of appeal from the County Court’s May 12, 2023 order.

The party filing a statement of inability may challenge an order denying his

or her statement of inability in the court of appeals “with jurisdiction over an

appeal from the judgment in the case.” TEX. R. APP. P. 145(g). The clerk’s record

does not indicate that there is a judgment in this case and appellant has not filed a

notice of appeal from a judgment in this case. Accordingly, this Court does not

have jurisdiction over an appeal from a final judgment in this case.

On June 27, 2023, this Court issued a notice to appellant that the Court

might dismiss this appeal unless appellant responded within 10 days establishing

this Court’s jurisdiction over this appeal. Appellant did not respond. Because this

Court has no appeal from a final judgment in this case, we have no jurisdiction to

review the May 12, 2023 interlocutory order denying his appeal from the Justice

Court’s ruling on his statement of inability.

2 We dismiss this appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a),

43.2(f). We dismiss as moot any pending motions.

PER CURIAM Panel consists of Justices Kelly, Landau, and Farris.