Victor Carr v. Lee Syga and John Colunga ( 1996 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN



NO. 03-95-00527-CV



Victor Carr, Appellant

v.

Lee Syga and John Colunga, Appellees



FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. 93-11189, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING

PER CURIAM

The Clerk's office received but did not file the transcript in this cause on September 15, 1995. The transcript was not filed because (1) it did not show that appellant Victor Carr had timely given notice of the filing of his affidavit of inability to pay to the opposing parties, and (2) the appealed-from order did not appear to be final. The Clerk informed appellant of the defects and asked for a response by October 4, 1995. As of May 15, 1996, no response has been filed.

This Court has no jurisdiction over a cause in the absence of a proper perfecting instrument. In re V.G., 746 S.W.2d 500, 502 (Tex. App.--Houston [1st Dist.] 1988, no writ); Bantuelle v. Renfroe, 620 S.W.2d 635, 640 (Tex. Civ. App.--Dallas 1981, no writ). Further, with limited exceptions, this Court has jurisdiction only over an appeal from a final judgment. Cherokee Water Co. v. Ross, 698 S.W.2d 363, 365 (Tex. 1985). Because the transcript does not reflect either that the appeal was properly perfected or that the order is final, we dismiss for want of jurisdiction. Tex. R. App. P. 54(c), 60(a)(2).

Before Chief Justice Carroll, Justices Aboussie and Kidd

Dismissed for Want of Jurisdiction

Filed: May 15, 1996

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