Maria Salinas v. Manuel Salinas Appeal from 388th District Court of El Paso County (memorandum opinion)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § MARIA SALINAS, No. 08-17-00006-CV § Appellant Appeal from the § V. 388th District Court § MANUEL SALINAS, of El Paso County, Texas § Appellee. (TC# 2015DCM1368) § MEMORANDUM OPINION Appellant, Maria Salinas, is attempting to appeal a purported decision of the court in a divorce case. According to the notice of appeal, the trial court conducted the final hearing on December 14, 2016, but the trial court has not yet entered a divorce decree. We treated the notice of appeal as premature, and we have given Appellant ample opportunity to secure a written divorce decree in order that the appeal could proceed. The trial court has not signed a divorce decree as of this date. A written order is necessary for a party to perfect appeal from a trial court’s order because the appellate timetable runs from the date the judgment or order is signed. See TEX.R.APP.P. 26.1; Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995). A trial court’s oral pronouncement and docket entry are not an acceptable substitute for a written order. Emerald Oaks Hotel/Conference Center, Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989)(orig. proceeding); McCormack v. Guillot, 597 S.W.2d 345, 346 (Tex. 1980)(orig. proceeding); see also Five Star Dev. Resort Communities, LLC v. Istar Financial, Inc., No. 08-11-00299-CV, 2011 WL 6209366, at *1 (Tex.App-El Paso Dec. 7, 2011, no pet.)(mem.op.). In the absence of a final judgment or appeal order, we must dismiss this appeal for lack of jurisdiction. See TEX.R.APP.P. 42.3(a). July 7, 2017 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Palafox, JJ. -2-

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