John W. Mitchell v. Richard Jason Lyders ( 2003 )

Dismissed and Opinion filed November 13, 2003

Dismissed and Opinion filed November 13, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00991-CV

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JOHN W. MITHCELL, Appellant

V.

RICHARD JASON LYDERS, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 775,509

M E M O R A N D U M O P I N I O N

Appellant filed a pro se notice of appeal on September 16, 2002, in which he states he is attempting to appeal two oral pronouncements by the trial court on August 15, 2002 and July 23, 2002.  The appeal was not assigned to this Court until August 26, 2003.  The clerk=s record was filed on October 13, 2003.  The clerk=s record reflects that the trial court dismissed this case for want of prosecution by a signed order dated November 11, 2002.  There is no notice of appeal from that order, however.  There are no signed orders in the record to reflect the oral pronouncements appellant desires to appeal.  Appeals may be taken only from signed orders or judgments.  See Tex. R. App. P. 26.1.

Accordingly, on October 14, 2003, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction unless appellant filed an amended notice of appeal within ten days.  See Tex. R. App. P. 37.1.  On October 24, 2003, appellant filed a response to the court=s notice.  In his response, appellant stated he did not amend his notice of appeal because the trial court has never signed any written orders.  He further stated he filed a petition for writ of mandamus in the Court of Appeals for the First District of Texas, and requests that we continue this appeal until the mandamus proceeding has been determined.  The petition for writ of mandamus was denied on September 4, 2003. See In Re Mitchell, 2003 WL 22100662, No. 01-03-00694-CV (Tex. App.CHouston [1st Dist.], September 4, 2003) (orig. proceeding).

Appellant=s response fails to demonstrate that this Court has jurisdiction to entertain the appeal. Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed November 13, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.