Roy D. Mitchell v. Wells Fargo Bank

IN THE
TENTH COURT OF APPEALS
No. 10-09-00255-CV
ROY D. MITCHELL,
Appellant
v.
WELLS FARGO BANK,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 74768
MEMORANDUM OPINION
Roy D. Mitchell has filed a notice of appeal without specifying the “order or
judgment appealed from.” See TEX. R. APP. P. 25.1(d)(2). According to the district clerk,
Mitchell’s case is still pending in the trial court. The Clerk of this Court notified the
parties that the appeal was subject to dismissal for want of jurisdiction because the trial
court has not signed a final judgment or other appealable order and advised that the
appeal may be dismissed unless Mitchell or some other party filed a response showing
grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). The Court has received
no response. Accordingly, the appeal is dismissed. See Ogletree v. Matthews, 262 S.W.3d
316, 319 n.1 (Tex. 2007) (“Texas appellate courts have jurisdiction only over final orders
or judgments unless a statute permits an interlocutory appeal.”).
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Appeal dismissed
Opinion delivered and filed September 16, 2009
[CV06]
Mitchell v. Wells Fargo Bank Page 2