Billy Ray Davis v. State ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00016-CV
BILLY RAY DAVIS APPELLANT
V.
THE STATE OF TEXAS APPELLEE
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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY
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MEMORANDUM OPINION1
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On December 8, 2010, Appellant Billy Ray Davis filed a notice of appeal
challenging the trial court’s order to withdraw funds from his inmate trust account.
Because we were unable to determine whether Appellant’s rights to due process
had been satisfied based on the record before us, we abated the appeal on
March 3, 2011, for 180 days for Appellant to obtain an appealable order from the
trial court with regard to the withdrawal of funds from Appellant’s inmate trust
1
See Tex. R. App. P. 47.4.
account. See Palomo v. State, 322 S.W.3d 304, 307–08 (Tex. App.—Amarillo
2010, order), disp. on merits, Nos. 07-10-00181-CV, 07-10-00182-CV, 07-10-
00183-CV, 2010 WL 5250874 (Tex. App.—Amarillo, no pet.) (abating appeal to
allow appellant time to file an appropriate motion to modify, correct, or rescind
the withdrawal notification and obtain from the trial court a final, appealable order
addressing that motion); see also Tex. R. App. P. 27.2.
On September 21, 2011, we sent a letter to Appellant and his attorney
informing them that the case had been reinstated, but no appealable order had
been entered by the trial court. We told Appellant and his counsel that if we did
not receive a written, appealable order or a response from Appellant’s counsel
indicating that he would obtain an appealable order on or before October 3,
2011, the appeal would be dismissed for want of jurisdiction.
We have received no response from Appellant’s counsel, and no
appealable order has been filed in the trial court. Because there is no appealable
order for this court to review, we dismiss the appeal for want of jurisdiction. See
Tex. R. App. P. 42.3(a), 43.2(f); Ramirez v. State, 318 S.W.3d 906, 908 (Tex.
App.—Waco 2010, no pet.) (dismissing appeal from a withdrawal notification
after finding there was no appealable order).
LEE GABRIEL
JUSTICE
PANEL: LIVINGSTON, C.J.; McCOY and GABRIEL, JJ.
DELIVERED: November 3, 2011
2