David Ray Burch v. State of Texas ( 2011 )

Opinion filed September 15, 2011
In The
Eleventh Court of Appeals
__________
No. 11-11-00165-CV
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DAVID RAY BURCH, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 358th District Court
Ector County, Texas
Trial Court Cause No. D-24,724
MEMORANDUM OPINION
Upon receiving the clerk’s record in this cause, it became apparent to this court that no
final appealable order had been entered by the trial court. Accordingly, the clerk of this court
wrote appellant, informed him that it did not appear that this court had jurisdiction, and requested
that appellant respond by August 22, 2011, and show grounds to continue this appeal. We also
notified appellant that the appeal may be dismissed pursuant to TEX. R. APP. P. 42. See
Rule 42.3. Appellant has responded to our letter with a motion in which he attempts to show
grounds to continue this appeal. In the motion, appellant asserts that he was denied due process
and the opportunity to be heard.
The record shows that appellant did not request any relief from the trial court (via motion
or otherwise) after receiving the trial court’s order to withdraw funds from appellant’s inmate
trust account and that appellant, instead, filed a notice of appeal. The order to withdraw funds is
not a final, appealable order. See Harrell v. State, 286 S.W.3d 315, 316 n.1, 321 (Tex. 2009)
(“withdrawal order” is actually a notification from the court, not an order); Webb v. State, 324
S.W.3d 229 (Tex. App.—Amarillo 2010, no pet.); Ramirez v. State, 318 S.W.3d 906 (Tex.
App.—Waco 2010, no pet.). Unless specifically authorized by statute, appeals may be taken
only from final judgments. Tex. A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840-41 (Tex.
2007); Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001). No appealable order has been
entered in this case.
Consequently, we dismiss this appeal for want of jurisdiction.
PER CURIAM
September 15, 2011
Panel consists of: Wright, C.J.,
McCall, J., and Kalenak, J.
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