Ex Parte Earnest Johnson ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00233-CV
EX PARTE EARNEST JOHNSON
U.S. District Court
Southern District of Texas
Trial Court No. 4:21-cv-00035
MEMORANDUM OPINION
We received the following documents from Appellant Earnest Johnson: a “Notice
of Appeal,” an “Application to Proceed Without Prepayment of Fees and Affidavit,” a
“Brief,” and a letter indicating that it included a copy of Johnson’s inmate account from
the last six months. We filed the documents in this civil proceeding; however, Johnson
was notified by letter from the Clerk of this Court, dated September 21, 2021, that it
appeared that we lack jurisdiction over this appeal because it appeared that there was no
final judgment or appealable order in this case and because we lack jurisdiction over a
judgment entered by a federal district court. The September 21, 2021 letter further
notified Johnson that the Court may dismiss this appeal unless, within twenty-one days
of the date of the letter, a response is filed showing grounds for continuing the appeal.
On October 4, 2021, we received a response from Johnson that establishes that he is
appealing from a “Memorandum Opinion and Order” entered by a United States District
Judge for the Southern District of Texas—Houston Division.
This Court has jurisdiction to hear only appeals taken from final judgments and
from certain interlocutory orders where specific statutory authority permits an appeal
before final judgment. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 51.012, 51.014; Lehmann
v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2002). Furthermore, under the Texas
Constitution, this Court’s appellate jurisdiction is limited to: (1) cases arising from our
district, which is comprised of “the counties of Bosque, Burleson, Brazos, Coryell, Ellis,
Falls, Freestone, Hamilton, Hill, Johnson, Leon, Limestone, Madison, McLennan,
Navarro, Robertson, Somervell, and Walker,” TEX. GOV’T CODE ANN. § 22.201(k); and (2)
cases of which the state district courts or county courts have original or appellate
jurisdiction. See TEX. CONST. art. V, § 6.
Here, Johnson is attempting to appeal from an order that was not entered by a
state district court or county court in this Court’s district. Accordingly, we dismiss this
appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); see also TEX. CONST. art. V, § 6;
TEX. GOV’T CODE ANN. § 22.201(k).
Absent a specific exemption, the Clerk of the Court must collect filing fees at the
time a document is presented for filing. TEX. R. APP. P. 12.1(b); see id. R. 5. But based on
Johnson’s “Application to Proceed Without Prepayment of Fees and Affidavit,” we
conclude that Johnson is not required to pay costs in this appeal. See id. R. 20.1(a)
(defining “costs” as “filing fees charged by the appellate court”); id. R. 20.1(c) (“An
Ex parte Johnson Page 2
appellate court may permit a party who did not file a Statement of Inability to Afford
Payment of Court Costs in the trial court to proceed without payment of costs.”).
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Dismissed
Opinion delivered and filed October 6, 2021
[CV06]
Ex parte Johnson Page 3