Victoria Aguirre v. Lourdes Judith De Santiago Weber

• Court: Court of Appeals of Texas
• Decided: August 16, 2023
• Docket: 04-23-00494-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00494-CV

Victoria AGUIRRE, Appellant

v.

Lourdes Judith DE SANTIAGO WEBER, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2022-CV-00184 Honorable Cesar Garcia, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: August 16, 2023

DISMISSED FOR LACK OF JURISDICTION

On April 21, 2023, appellant filed a notice of appeal, stating her intent to appeal the trial

court’s March 23, 2023 order on motion for summary judgment. However, the clerk’s record did

not include an order granting summary judgment and the trial court clerk informed this court that

no such order had been signed by the trial court. In the absence of an appealable interlocutory order

or a final judgment, this court has no jurisdiction over an appeal. See Lehmann v. Har Con Corp.,

39 S.W.3d 191, 195 (Tex. 2001); see also Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex.

2007). We therefore ordered appellant to show cause in writing why this appeal should not be 04-23-00494-CV

dismissed for lack of jurisdiction. Appellant filed a response acknowledging that this appeal must

be dismissed for lack of jurisdiction. Accordingly, we dismiss the appeal for lack of jurisdiction.

See TEX. R. APP. P. 42.3(a).

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