Marta Martinez v. Allen Sandy Ward, et al.--Appeal from 210th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MARTA MARTINEZ, )

) No. 08-05-00228-CV

Appellant, )

) Appeal from the

v. )

) 210th District Court

ALLEN SANDY WARD, et al., )

) of El Paso County, Texas

Appellees. )

) (TC# 2004-1321)

O P I N I O N

Appellant is attempting to appeal from an apparent order of the trial court granting a motion for summary judgment in favor of Appellee. The docket sheet indicates that a hearing on the motion for summary judgment was held by the trial court on June 22, 2005.

Pending before the Court on its own initiative is the dismissal of this appeal for want of jurisdiction. See Tex.R.App.P. 42.3. This Court possesses the authority to dismiss an appeal for want of jurisdiction after giving proper notice to all parties. Id.

On June 30, 2005, Appellant filed a notice of appeal and affidavit of inability to pay costs. On August 22, 2005, this Court received an affidavit from the District Clerk=s Office stating that no final judgment or appealable order had been filed.

On the same day we received the affidavit, this Court=s clerk sent a letter to the parties indicating the Court=s intent to dismiss the case for want of jurisdiction absent a response from any party within ten days to show grounds for continuing the appeal. No response has been received as of this date. Accordingly, pursuant to Tex.R.App.P. 42.3(a) and (c), we dismiss the appeal for want of jurisdiction.

October 13, 2005

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.