J. M. v. State ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00689-CV
J. M., Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT
NO. D-1-EX-14-000672, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant J.M. filed a notice of appeal challenging “an order signed September 29,
2014” in his underlying suit seeking expunction of records. However, there is no signed order on
his petition for expunction of records in the clerk’s record or in the supplemental clerk’s record,
only a September 24, 2014 docket entry. A docket entry does not constitute a written order.
In re Burlington Coat Factory Warehouse of McAllen, Inc., 167 S.W.3d 827, 831 (Tex. 2005)
(orig. proceeding); see also Unifund CCR Partners v. Hackman, No. 05-06-01139-CV, 2007 Tex.
App. LEXIS 1118, at * 1-2 (Tex. App.—Dallas Feb. 15, 2007, no pet.) (mem. op.). Without a final
judgment or an otherwise appealable order, we may not exercise appellate jurisdiction. See Tex. Civ.
Prac. & Rem. Code § 51.014; Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
On October 31, 2014, this Court requested that J.M. file a written
response demonstrating this Court’s jurisdiction over his appeal.1 J.M.’s response failed to do so.
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
Jeff Rose, Justice
Before Chief Justice Jones, Justices Rose and Goodwin
Dismissed for Want of Jurisdiction
Filed: December 3, 2014
1
J.M. requested and received an extension of time to file his response.
2