Maurice Mitchell v. Texas Department of Criminal Justice Institutional Division and the State of Texas

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00020-CV
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MAURICE MITCHELL, Appellant
V.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL
DIVISION AND THE STATE OF TEXAS, Appellees
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On Appeal from the 411th District Court
Polk County, Texas
Trial Cause No. CIV32384
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MEMORANDUM OPINION
Appellant Maurice Mitchell filed a notice of interlocutory appeal, in which
he states that the defendants failed to respond to his motion for summary judgment.
The information from the District Clerk indicates that the trial court has not yet
signed an appealable order.
On February 1, 2021, we questioned our jurisdiction over the appeal and
instructed the parties to file written responses identifying the particular statute or
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rule authorizing an interlocutory appeal by February 22, 2021. In the same letter, we
warned the parties that we would dismiss the appeal unless our jurisdiction is
established.
Appellant filed a response, but he failed to identify a signed order by the trial
court that is appealable at this time. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014;
Tex. R. App. P. 42.3(a). Accordingly, we dismiss the appeal for lack of jurisdiction.
See Tex. R. App. P. 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on April 14, 2021
Opinion Delivered April 15, 2021
Before Golemon, C.J., Kreger and Johnson, JJ.
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