William E. Johnson v. Ken Paxton, Texas Attorney General David Gutierrez, Chairman Board of Pardons and Paroles Joni White, Assistant Director of the Texas Department of Criminal Justice Classification and Records Department And Pamela Thielke, Texas Parole Division Director ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00553-CV
William E. Johnson, Appellant
v.
Ken Paxton, Texas Attorney General; David Gutierrez, Chairman Board of Pardons and
Paroles; Joni White, Assistant Director of the Texas Department of Criminal Justice
Classification and Records Department; and Pamela Thielke, Texas Parole Division
Director et al., Appellees
FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-16-002392, THE HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING
MEMORANDUM OPINION
William E. Johnson filed a notice of appeal stating that he was appealing from an
interlocutory order entered by the trial court on June 29, 2023. However, the clerk’s record for
the case does not contain any judgment or order from that date. On October 27, 2023, the Clerk
of this Court informed Johnson that it appears this Court lacks jurisdiction over the matter
because there is no final judgment or appealable order. Additionally, the Clerk informed
Johnson that even if there is an appealable ruling from June 29, 2023, the notice of appeal filed
in this case on September 12, 2023, appears untimely. Accordingly, the Clerk directed Johnson
to file a response explaining how this Court has jurisdiction over the appeal. Johnson has filed a
response but has not explained how this Court has jurisdiction in this matter.
This Court has jurisdiction over appeals from final judgments and from certain
interlocutory orders made appealable by statute. Scripps NP Operating, LLC v. Carter,
573 S.W.3d 781, 788 (Tex. 2019); Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); see
also Tex. Civ. Prac. & Rem. Code § 51.014 (authorizing appeals from certain interlocutory
orders). “Appellate jurisdiction is never presumed.” Beckham Grp., P.C. v. Snyder, 315 S.W.3d
244, 245 (Tex. App.—Dallas 2010, no pet.). “Unless the record affirmatively shows the
propriety of appellate jurisdiction, we must dismiss.” Id.As set out above, Johnson has not identified an appealable order or final
judgment, and no final judgment or appealable order appears in the clerk’s record. Because
Jones has not explained how this Court may exercise jurisdiction over this appeal, we dismiss
this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); see also McKinnon
v. Wallin, No. 03-18-00612-CV, 2019 WL 362026, at *1, *2 (Tex. App.—Austin Jan. 30, 2019,
no pet.) (mem. op.) (dismissing appeal because appellant failed to identify final judgment or
appealable order that would support court’s jurisdiction).
__________________________________________
Thomas J. Baker, Justice
Before Justices Baker, Triana, and Smith
Dismissed for Want of Jurisdiction
Filed: December 8, 2023
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