William E. Johnson v. Ken Paxton, Texas Attorney General David Gutierrez, Chairman Board of Pardons and Paroles Joni White, Assistant Director of the Texas Department of Criminal Justice Classification and Records Department And Pamela Thielke, Texas Parole Division Director

• Court: Court of Appeals of Texas
• Decided: December 8, 2023
• Docket: 03-23-00553-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00553-CV

William E. Johnson, Appellant

v.

Ken Paxton, Texas Attorney General; David Gutierrez, Chairman Board of Pardons and Paroles; Joni White, Assistant Director of the Texas Department of Criminal Justice Classification and Records Department; and Pamela Thielke, Texas Parole Division Director et al., Appellees

FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-16-002392, THE HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

MEMORANDUM OPINION

William E. Johnson filed a notice of appeal stating that he was appealing from an

interlocutory order entered by the trial court on June 29, 2023. However, the clerk’s record for

the case does not contain any judgment or order from that date. On October 27, 2023, the Clerk

of this Court informed Johnson that it appears this Court lacks jurisdiction over the matter

because there is no final judgment or appealable order. Additionally, the Clerk informed

Johnson that even if there is an appealable ruling from June 29, 2023, the notice of appeal filed

in this case on September 12, 2023, appears untimely. Accordingly, the Clerk directed Johnson

to file a response explaining how this Court has jurisdiction over the appeal. Johnson has filed a

response but has not explained how this Court has jurisdiction in this matter.

This Court has jurisdiction over appeals from final judgments and from certain

interlocutory orders made appealable by statute. Scripps NP Operating, LLC v. Carter, 573 S.W.3d 781, 788 (Tex. 2019); Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); see

also Tex. Civ. Prac. & Rem. Code § 51.014 (authorizing appeals from certain interlocutory

orders). “Appellate jurisdiction is never presumed.” Beckham Grp., P.C. v. Snyder, 315 S.W.3d

244, 245 (Tex. App.—Dallas 2010, no pet.). “Unless the record affirmatively shows the

propriety of appellate jurisdiction, we must dismiss.” Id.

As set out above, Johnson has not identified an appealable order or final

judgment, and no final judgment or appealable order appears in the clerk’s record. Because

Jones has not explained how this Court may exercise jurisdiction over this appeal, we dismiss

this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); see also McKinnon

v. Wallin, No. 03-18-00612-CV, 2019 WL 362026, at *1, *2 (Tex. App.—Austin Jan. 30, 2019,

no pet.) (mem. op.) (dismissing appeal because appellant failed to identify final judgment or

appealable order that would support court’s jurisdiction).

__________________________________________ Thomas J. Baker, Justice

Before Justices Baker, Triana, and Smith

Dismissed for Want of Jurisdiction

Filed: December 8, 2023