Darrin Scott v. State ( 2014 )

NUMBER 13-13-00578-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
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Do not publish.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).
Delivered and filed the
16th day of January, 2014.
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