Opinion
No. 05-18-01229-CV
04-10-2019
PETER SWART, Appellant v. NORA MORALES, Appellee
On Appeal from the 256th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-16-24538
MEMORANDUM OPINION
Before Justices Myers, Osborne, and Nowell
Opinion by Justice Nowell
After reviewing the clerk's record, we questioned our jurisdiction over this appeal because there did not appear to be an appealable order. We instructed appellant to file a letter brief addressing the jurisdictional issue and permitted appellee to file a response to appellant's letter brief. Both parties filed letter briefs addressing the jurisdictional issue.
Although the record includes a memorandum ruling on the trial court's letterhead, the ruling is not signed. See In re Newby, 266 S.W.3d 557, 558 (Tex. App.—Amarillo 2008, orig. proceeding) (per curiam) (letter ruling satisfies requisites of formal judgment or order when, among other factors, it is signed). This Court has jurisdiction over appeals from signed orders or judgments. See TEX. R. APP. P. 26.1(b). Without a signed appealable order, this Court lacks jurisdiction over this appeal. See Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam) ("appellate timetable does not commence to run other than by signed, written order") (emphasis in original).
Further, this is an appeal of the denial of a special appearance in a divorce proceeding. Section 51.014(a)(7) of the civil practice and remedies code excludes an interlocutory appeal "in a suit brought under the Family Code." TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7). We, therefore, lack jurisdiction over this interlocutory appeal. See CHEK Invs., L.L.C. v. L.R., 260 S.W.3d 704, 707 (Tex. App.—Dallas 2008, no pet.) (no jurisdiction over interlocutory appeal of denial of special appearance in divorce proceeding).
Accordingly, we dismiss this appeal for want of jurisdiction. TEX. R. APP. P. 42.3(a).
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE 181229F.P05
JUDGMENT
On Appeal from the 256th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DF-16-24538.
Opinion delivered by Justice Nowell. Justices Myers and Osborne participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED for want of jurisdiction.
It is ORDERED that each party bear its own costs of this appeal. Judgment entered this 10th day of April 2019.