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EX PARTE WION

Court of Appeals of Texas, Twelfth District, Tyler
Aug 24, 2011
No. 12-11-00224-CV (Tex. App. Aug. 24, 2011)

Opinion

No. 12-11-00224-CV

Opinion delivered August 24, 2011.

Appealed from the 349th Judicial District Court, Anderson County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


On July 26, 2011, Appellant filed a notice of appeal from the trial court's order denying his motion for a judgment nunc pro tunc. On July 28, 2011, this court notified Appellant, pursuant to Texas Rule of Appellate Procedure 37.2, that the information received in this appeal does not contain a final judgment or other appealable order. See Shadowbrook Apartments v. Abu-Ahmad , 783 S.W.2d 210, 211 (Tex. 1990) (holding that order denying motion for judgment nunc pro tunc is not appealable). Appellant was further informed that the appeal would be dismissed if the information received in the appeal was not amended on or before August 29, 2011, to show the jurisdiction of this court.

On August 19, 2011, Appellant responded that the trial court's order is final and appealable because it disposes of all issues and parties in the suit. He responded further that the trial court's docket sheet entry is sufficient to show that the order was signed. However, these arguments and the authority Appellant cites do not address the Texas Supreme Court's holding in Shadowbrook Apartments and do not show that this case is an exception to that holding. Consequently, Appellant has not shown this court's jurisdiction of the appeal. Accordingly, the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 37.1, 42.3.


Summaries of

EX PARTE WION

Court of Appeals of Texas, Twelfth District, Tyler
Aug 24, 2011
No. 12-11-00224-CV (Tex. App. Aug. 24, 2011)
Case details for

EX PARTE WION

Case Details

Full title:EX PARTE: BARRY WION

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Aug 24, 2011

Citations

No. 12-11-00224-CV (Tex. App. Aug. 24, 2011)