Eduardo Martinez Arizala v. Lourdes Lizeth Martinez Arizala

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00823-CV
Eduardo Martinez ARIZALA,
Appellant
v.
Lourdes Lizeth Martinez ARIZALA,
Appellee
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2022CI14443
Honorable Mary Lou Alvarez, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: March 15, 2023
DISMISSED FOR LACK OF JURISDICTION
On December 8, 2022, Eduardo Martinez Arizala, appellant, filed a notice of appeal stating
his intent to appeal a divorce decree. The clerk’s record was filed on January 12, 2023. Although
the clerk’s record contains the judge’s notes, the clerk’s record contains neither a final judgment
nor an interlocutory order that may afford an authorized interlocutory appeal. See Indus.
Specialists, LLC v. Blanchard Ref. Co., 652 S.W.3d 11, 14 (Tex. 2022) (plurality op.) (explaining,
absent an exception, an appeal may be taken only from a final judgment); Alexander Dubose
Jefferson & Townsend LLP v. Chevron Phillips Chem. Co., L.P., 540 S.W.3d 577, 581 (Tex. 2018)
04-22-00823-CV
(“Usually, only final judgments are subject to appeal.”); In re A.W., 384 S.W.3d 872, 873 (Tex.
App.—San Antonio 2012, no pet.) (noting “judge’s notes contained in the clerk’s record do not
constitute a final order.”) In response to this court’s inquiry, the trial court clerk confirmed that
the clerk’s record does not contain a final order. This court ordered appellant to show cause in
writing by February 6, 2023, why this appeal should not be dismissed for lack of jurisdiction.
Appellant has filed no response. Because neither a final judgment nor an interlocutory order that
may afford an authorized interlocutory appeal has been signed in the underlying cause, this appeal
is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM
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