Litton Fuller Group v. Carlton Clardy Jones as Trustee for the Jones Carlton & Shirley Family Trust Dated January 25, 1990, as REstated on August 8, 2006 and Shirley Mann Jones Bypass Trust Dated January 20, 2007 ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-01083-CV
LITTON FULLER GROUP,
Appellant
v.
Carlton CLARDY JONES as Trustee for the Jones Carlton & Shirley Family Trust Dated
January 25, 1990, as Restated on August 8, 2006 and Shirley Mann Jones Bypass Trust Dated
January 20, 2007,
Appellees
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2023CI21138
Honorable Tina Torres, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: February 7, 2024
DISMISSED FOR LACK OF JURISDICTION
On December 18, 2023, appellant filed a notice of appeal stating its intent “to appeal the
trial court decision, memorialized in the attached ‘Judge’s Notes,’ denying Defendant Litton Fuller
Group’s Special Appearance signed and filed on November 29, 2023.” The clerk’s record was
filed on January 4, 2024. Although the clerk’s record contains the referenced Judge’s Notes, the
clerk’s record does not contain an order denying appellant’s special appearance. See Gomez v.
Stilley, No. 04-23-00129-CV, 2023 WL 2591495, at *1 (Tex. App.—San Antonio Mar. 22, 2023,
04-23-01083-CV
no pet.) (mem. op.) (noting judge’s notes do not constitute an appealable order). Because the record
contained no appealable order, we ordered appellant to show cause why this appeal should not be
dismissed for lack of jurisdiction. Appellant responded to our order explaining it did “not disagree
or contest this Court’s assessment regarding jurisdiction.”
Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
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