Shawn L. Dunn v. Major Leo Ramirez, Dr. Koehn, and Correction Officer Connie Piedra

CourtCourt of Appeals of Texas
DecidedMarch 22, 2023
Docket07-23-00085-CV
StatusPublished

This text of Shawn L. Dunn v. Major Leo Ramirez, Dr. Koehn, and Correction Officer Connie Piedra (Shawn L. Dunn v. Major Leo Ramirez, Dr. Koehn, and Correction Officer Connie Piedra) 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.

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Shawn L. Dunn v. Major Leo Ramirez, Dr. Koehn, and Correction Officer Connie Piedra, (Tex. Ct. App. 2023).

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00085-CV

SHAWN L. DUNN, APPELLANT

V.

MAJOR LEO RAMIREZ, DR. KOEHN, AND CORRECTION OFFICER CONNIE PIEDRA, APPELLEES

On Appeal from the County Court Gray County, Texas Trial Court No. 5456, Chris Porter, Presiding

March 22, 2023 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Shawn L. Dunn, appearing pro se, appeals from the trial court’s Order

of Dismissal. The trial court signed the order on November 8, 2022. As no motion for

new trial or motion to modify the judgment was filed, a notice of appeal was due within

thirty days thereafter, by December 8, 2022. See TEX. R. APP. P. 26.1(a). Dunn filed a

notice of appeal on February 24, 2023. A timely notice of appeal is essential to invoking this Court’s jurisdiction. See TEX.

R. APP. P. 25.1(b), 26.1; Verburgt v. Dorner, 959 S.W.2d 615, 616–17 (Tex. 1997). By

letter of March 2, 2023, we notified Dunn that his notice of appeal appeared untimely and

directed him to show how we have jurisdiction over the appeal. Dunn filed a response

but has not demonstrated grounds for continuing the appeal.1

Accordingly, we dismiss Dunn’s untimely appeal for want of jurisdiction. TEX. R.

APP. P. 42.3(a).

Per Curiam

1 In his letter to the Court, Dunn references filings and an order issued in a case before a justice court. To the extent Dunn seeks to appeal an order signed by a justice of the peace, we are without appellate jurisdiction. See Crumpton v. Stevens, 936 S.W.2d 473, 476 (Tex. App.—Fort Worth 1996, no writ) (“An appeal from a justice court judgment is tried de novo in the county or district court.”).

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Related

Verburgt v. Dorner
959 S.W.2d 615 (Texas Supreme Court, 1998)
Crumpton v. Mike Stevens, MGA
936 S.W.2d 473 (Court of Appeals of Texas, 1996)

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Shawn L. Dunn v. Major Leo Ramirez, Dr. Koehn, and Correction Officer Connie Piedra, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shawn-l-dunn-v-major-leo-ramirez-dr-koehn-and-correction-officer-texapp-2023.