Opinion
NUMBER 13-13-00578-CR
01-16-2014
DARRIN SCOTT, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 329th District Court
of Wharton County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Perkes
Memorandum Opinion Per Curiam
Appellant, Darrin Scott, attempted to perfect an appeal from the trial court's order denying his motion for a nunc pro tunc on a judgment entered on April 25, 2007 in trial court cause number 15680. Because this denial is not an appealable order, we dismiss for want of jurisdiction.
Upon review of the documents before the Court, it appeared that the order from which this appeal was taken was not an appealable order. On November 1, 2013, the Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this Court's letter, the appeal would be dismissed. Appellant has filed a docketing statement but has not responded to the Court's notice.
In terms of appellate jurisdiction, appellate courts only have jurisdiction to review final judgments and certain interlocutory orders identified by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). 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).
The Court, having fully reviewed and considered the documents herein, concludes that the order appealed from fails to invoke our appellate jurisdiction and is of the opinion that the cause should be dismissed. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a). All other pending motions are likewise DISMISSED.
PER CURIAM Do not publish. TEX. R. APP. P. 47.2(b).