Bobbi Battishia White v. Michael J. Rogers

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00258-CV
Bobbi Battishia White, Appellant
v.
Michael J. Rogers, Appellee
FROM THE 146TH DISTRICT COURT OF BELL COUNTY
NO. 242-413-B, THE HONORABLE JACK JONES, JUDGE PRESIDING
MEMORANDUM OPINION
Bobbi Battishia White, acting pro se, filed a notice of appeal on April 22, 2019,
from “the judgement rendered herein against Bobbi Battishia White.” White included with her
notice of appeal a “Motion for Judicial Review of Documentation or Instrument Purporting to
Create a Lien or Claim” filed in the district court on March 19, 2019, and a “Judicial Finding of
Fact and Conclusion of Law Regarding a Documentation or Instrument Purporting to Create a
Lien or Claim” (Finding and Conclusion) signed by District Court Judge Jack Jones on
March 25, 2019. Although White purports to appeal the Finding and Conclusion under Texas
Government Code section 51.903(c) (which provides an expedited procedure for removal of a
fraudulent lien on property), the substance of her appeal does not challenge any lien. Rather, she
complains of a temporary restraining order, a conservatorship determination, and a writ of
attachment, all of which were issued in the underlying family law case decided in 2016. 1 See In
re White, Nos. 03-18-00051-CV & 03-18-00325-CV, 2018 Tex. App. LEXIS 3340, at *1-2
(Tex. App.—Austin May 11, 2018, orig. proceeding) (raising similar complaints about 2016
temporary restraining order and conservatorship); see also Tex. Gov’t Code § 51.903(c). The
time to file an appeal from the orders signed in 2016 has expired. See Tex. R. App. P. 26.1.
On June 12, 2019, this Court requested that White file a written response
demonstrating this Court’s jurisdiction over her appeal. Her filed response—which references
appellate review of a finding as to the validity of a real-estate or personal-property lien and
appellate review of an order overruling a motion to vacate the appointment of a receiver or
trustee, while actually complaining of the orders issued in 2016—failed to demonstrate our
jurisdiction. Accordingly, we dismiss White’s appeal for want of jurisdiction. See Tex. R. App.
P. 42.3(a).
__________________________________________
Gisela D. Triana, Justice
Before Chief Justice Rose, Justices Triana and Smith
Dismissed for Want of Jurisdiction
Filed: July 18, 2019
1
White’s request for the clerk’s record in this appeal asked only for the inclusion of her
final divorce decree signed July 25, 2012, and filings from May 9, 2016, through July 27, 2016.
Her brief complained only of the temporary restraining order signed on July 20, 2016, and a writ
of attachment issued on July 25, 2016, in that case.
2