Damisela C. Brown v. Shawn C. Brown ( 2011 )


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  •                                  MEMORANDUM OPINION
    No. 04-11-00434-CV
    Damisela C. BROWN,
    Appellant
    v.
    Shawn C. BROWN,
    Appellee
    From the 57th Judicial District Court, Bexar County, Texas
    Trial Court No. 2008-CI-08584
    Honorable David A. Berchelmann, Jr., Judge Presiding
    PER CURIAM
    Sitting:          Rebecca Simmons, Justice
    Steven C. Hilbig, Justice
    Marialyn Barnard, Justice
    Delivered and Filed: December 28, 2011
    DISMISSED FOR WANT OF JURISDICTION
    In this appeal of a post-divorce division of property, we abated the appeal for the trial
    court to clarify whether the May 25, 2011 summary judgment order was a final, appealable
    order. On November 17, 2011, the trial court filed a letter with this court stating that the May
    25, 2011 summary judgment order is not a final, appealable order. We reinstated the appeal and
    ordered appellant to show cause in writing not later than December 13, 2011, why this appeal
    should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann v. Har-
    04-11-00434-CV
    Con Corp., 
    39 S.W.3d 191
    , 195 (Tex. 2001) (noting that generally “an appeal may be taken only
    from a final judgment”). We warned appellant that if she did not show cause within the time
    provided, her appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
    To date, appellant has not filed any response to the show cause order.
    Therefore, we dismiss this appeal for want of jurisdiction. See id.; 
    Lehmann, 39 S.W.3d at 195
    ; see also TEX. R. APP. P. 42.3(c) (authorizing dismissal for failure to comply with a court
    order). Costs of this appeal are taxed against appellant.
    PER CURIAM
    -2-
    

Document Info

Docket Number: 04-11-00434-CV

Filed Date: 12/28/2011

Precedential Status: Precedential

Modified Date: 4/17/2021