in the Interest of K. S. R. W. and D. D. W. III, Children ( 2017 )


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  •                                    COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    IN THE INTEREST OF                                                 No. 08-17-00211-CV
    §
    K.S.R.W. AND D.D.W., III,                                            Appeal from the
    §
    CHILDREN                                                           383rd District Court
    §
    of El Paso County, Texas
    §
    (TC# 2017DCM5649)
    §
    MEMORANDUM OPINION
    Deon Demitrius Wilson, Jr., pro se, and Selina Rae Vasquez, pro se, filed notices of appeal.
    The notices of appeal do not state the date of the judgment or appealable order they are seeking to
    challenge. See Tex.R.App.P. 25.1(d)(2). The District Clerk’s docketing certificate reflects that
    the trial court has not entered a final judgment or appealable order. We dismiss the appeal for lack
    of jurisdiction.
    It is well settled that appellate courts have jurisdiction over final judgments and
    interlocutory orders made appealable by statute. Lehmann v. Har-Con Corporation, 
    39 S.W.3d 191
    , 195 (Tex. 2001); Tex.Civ.Prac.&Rem.Code Ann. § 51.014 (West Supp. 2017)(authorizing
    appeals from certain interlocutory orders). The Clerk of the Court sent Appellant Deon Demitrius
    Wilson, Jr. notice that the Court intended to dismiss the appeal for lack of jurisdiction because
    there is no final judgment or appealable order unless he responded within ten days and established
    grounds for the appeal to continue. See Tex.R.App.P. 42.3(a). Wilson has not filed any response
    to the Court’s inquiry. The Clerk of the Court was unable to send notice of intent to dismiss to
    Appellant Selina Rae Vasquez because the District Clerk does not have Vasquez’s address and
    Vasquez’s notice of appeal does not include her mailing address or email.             Under these
    circumstances, we will apply Rule 2 and suspend Rule 42.3’s requirement that notice be given to
    Vasquez of the Court’s intent to dismiss her appeal. See Tex.R.App.P. 2; Tex.R.App.P. 42.3.
    Finding that there is no final judgment or appealable order, we dismiss the appeal.
    November 8, 2017
    YVONNE T. RODRIGUEZ, Justice
    Before McClure, C.J., Rodriguez, and Palafox, JJ.
    -2-
    

Document Info

Docket Number: 08-17-00211-CV

Filed Date: 11/8/2017

Precedential Status: Precedential

Modified Date: 11/9/2017