Peggy Barnes Franklin v. David James, Cindy James, Terral Bullock and Cheryl Bullock

NUMBER 13-18-00556-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
PEGGY BARNES FRANKLIN, Appellant,
v.
DAVID JAMES, CINDY JAMES, TERRAL
BULLOCK AND CHERYL BULLOCK, Appellees.
____________________________________________________________
On appeal from the 24th District Court
of DeWitt County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Contreras, and Benavides
Memorandum Opinion by Justice Rodriguez
Appellant attempts to appeal a judgment entered by the Thirteenth Court of
Appeals on May 17, 2018.1 Upon review of the documents before the Court, it appeared
that there is no appealable order and this Court does not have jurisdiction. The Clerk of
1 Appellant previously pursued an appeal arising from this same trial court cause number. See
Franklin v. James, No. 13-18-00556-CV, 2018 WL 2252907 at *1 (Tex. App.—Corpus Christi May 17, 2018,
pet. denied).
this Court notified appellant of this defect so that steps could be taken to correct the
defect, if it could be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was advised that,
if the defect was not corrected within ten days from the date of receipt of this notice, the
appeal would be dismissed for want of jurisdiction. Appellant filed a response stating, “a
Motion for Rehearing was filed with the Supreme Court of Texas and also had granted us
time to get the info we needed from the Court Reporter’s Recorder.” The response
contains additional information concerning the reporter’s record.
The Court, having fully reviewed and considered the documents herein, concludes
that the order appealed from fails to invoke our appellate jurisdiction and is of the opinion
that the cause should be dismissed. In terms of appellate jurisdiction, each court of
appeals has appellate jurisdiction of all civil cases within its district of which the district
courts or county courts have jurisdiction when the amount in controversy or the judgment
rendered exceeds $250, exclusive of interest and costs. See TEX. GOV’T CODE ANN.
§22.220 (West, Westlaw through 2017 1st C.S.). In this case, the order appealed from
was not from a district or county court, rather it was a judgment issued by this Court and
petition for review was denied by the Supreme Court of Texas.
The Court, having examined and fully considered the documents on file, is of the
opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the
appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P.
42.3(a),(c).
NELDA V. RODRIGUEZ
Justice
Delivered and filed the 20th
day of November, 2018.
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