Jeffrey Scott Hatfield v. The State of Texas--Appeal from 8th District Court of Hopkins County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-07-00093-CV
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JEFFREY SCOTT HATFIELD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th Judicial District Court
Hopkins County, Texas
Trial Court No. CV37934
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION

Appellant, Jeffrey Scott Hatfield, filed a notice of restricted appeal July 16, 2007, indicating he attempts to appeal from a dismissal or nonsuit of the trial court. We have now received the clerk's record, and on our review of that record, we find no such dismissal or order. Further, we have contacted the district clerk, and she has informed us there is no such dismissal or order in the trial court's records of this case. Unless otherwise statutorily authorized, an appeal may be made only from a final judgment. See Tex. Civ. Prac. & Rem. Code Ann. 51.012 (Vernon 1997), 51.014 (Vernon Supp. 2006).

Should we construe Hatfield's notice of appeal to be a restricted appeal from the order of the trial court garnishing his inmate trust account, that order was signed January 30, 2006. Hatfield had until July 30, 2006, to file a restricted notice of appeal; his notice of appeal was not filed until July 16, 2007. The notice of appeal would, therefore, be untimely filed. See Tex. R. App. P. 26.1(c) (notice of restricted appeal must be filed within six months after appealable order or judgment is signed).

Accordingly, we dismiss this appeal for want of jurisdiction.

 

Bailey C. Moseley

Justice

 

Date Submitted: September 13, 2007

Date Decided: September 14, 2007