John Leslie Miller v. Southwestern Exposition & Live Stock, Fremont Industrial Insurance Group, Executive Deputy Workers Compensation, and Tex Worker's Compensation Commission--Appeal from 67th District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-261-CV

JOHN LESLIE MILLER APPELLANT

V.

SOUTHWESTERN EXPOSITION & APPELLEES

LIVE STOCK, FREMONT INDUSTRIAL

INSURANCE GROUP, EXECUTIVE

DEPUTY WORKERS COMPENSATION,

AND TEX WORKER=S COMPENSATION

COMMISSION

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FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION[1]

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On July 24, 2007, appellant John Leslie Miller filed a ANotice of Appeal@ in his suit to confirm an arbitration award. However, the trial court clerk has informed this court that no written order or judgment has been signed in the underlying case. Therefore, appellant=s notice of appeal is premature. See Tex. R. App. P. 26.1, 27.1(a). A prematurely filed notice of appeal is not effective until the appellate deadline is triggered and therefore does not vest this court with jurisdiction over the appeal. See Tex. R. App. P. 25.1(b), 27.1(a).

On July 27, 2007, we notified appellant that the appeal was subject to dismissal for want of jurisdiction and gave appellant fifteen days to correct this defect in the record. See Tex. R. App. P. 44.3, 44.4(a)(2). Appellant has not tendered or filed any signed orders from the trial court and has not shown grounds for continuing the appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

PER CURIAM

PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED: September 13, 2007

[1]See Tex. R. App. P.47.4.