Cordell Moody v. John Spivey and Probation Board of Dallas

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-10-00066-CV
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CORDELL MOODY, Appellant
V.
JOHN SPIVEY AND PROBATION BOARD OF DALLAS, Appellees
On Appeal from the 276th Judicial District Court
Marion County, Texas
Trial Court No. 1000075
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
This is an appeal filed by Cordell Moody. He states in his notice of appeal that he is
appealing from a final judgment in civil cause number 1000075 in the 276th Judicial District Court
of Marion County, Texas. We have contacted the district clerk, and have determined that no
order has been entered in this case and no judgment has been rendered. No justiciable action has
been taken by the trial court in this case. Thus, there is nothing from which an appeal might be
brought.
The constitution vests jurisdiction over appeals from final judgments of district and county
courts in the courts of appeals, subject to restrictions and regulations prescribed by law. TEX.
CONST. art. V, § 6; TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (Vernon 2008).
Because there is no order or judgment in this case from which an appeal may be taken, the
jurisdiction of this Court has not been invoked. Accordingly, we dismiss Moody’s appeal for want
of jurisdiction.
Bailey C. Moseley
Justice
Date Submitted: September 2, 2010
Date Decided: September 3, 2010
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