Charlotte Costley v. Winstar World Casino and Tribal First

NUMBER 13-14-00041-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
CHARLOTTE COSTLEY, Appellant,
v.
WINSTAR WORLD CASINO
AND TRIBAL FIRST, Appellees.
____________________________________________________________
On appeal from the 170th District Court
of McLennan County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Charlotte Costley, attempted to perfect an appeal from an order entered
by the 170th District Court of McLennan County, Texas, in Cause No. 2013-406-4. 1
1 This case is before the Court on transfer from the Tenth Court of Appeals in Waco pursuant to a
docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
(West, Westlaw through 2013 3d C.S.).
Upon review of the documents before the Court, it appeared that there was no final,
appealable judgment dated December 30, 2013. On March 5, 2014, the Clerk of 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 the Court’s notice, the
appeal would be dismissed for want of jurisdiction. Appellant failed to respond to the
Court’s notice.
The McLennan County Clerk’s Office has informed this Court that no judgment
was entered on December 30, 2013. In terms of appellate jurisdiction, appellate courts
only have jurisdiction to review final judgments and certain interlocutory orders identified
by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
The Court, having considered the documents on file and appellant's failure to
correct the defect in this matter, is of the opinion that the appeal should be dismissed for
want of jurisdiction. Accordingly, the appeal is DISMISSED FOR WANT OF
JURISDICTION. See TEX. R. APP. P. 42.3(a),(c).
PER CURIAM
Delivered and filed the
8th day of May, 2014.
2