National Judgment Recovery Center, L.P. as Assignee of Unifund CCR Partners v. Marcia M. Sweet Appeal from County Court at Law No. 5 of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed March 1, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01379-CV NATIONAL JUDGMENT RECOVERY CENTER, L.P. AS ASSIGNEE OF UNIFUND CCR PARTNERS ASSIGNEE OF FIRST CARD CONV, Appellant V. MARCIA M. SWEET, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-06-00504-E MEMORANDUM OPINION Before Justices Francis, Brown, and Stoddart Opinion by Justice Francis We questioned our jurisdiction over this appeal after reviewing the clerk’s record because it did not appear the trial court had signed a final judgment or appealable order. See Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam) (appellate timetable does not begin to run until appealable written order or judgment is signed). On January 2, 2018, we directed appellant to file, no later than January 12, 2018, a letter brief addressing our concern and cautioned appellant that the appeal could be dismissed without further notice if it failed to comply. See TEX. R. APP. P. 42.3(a),(c). To date, appellant has not complied. Because an appeal can only be taken from a written final judgment or appealable order, and the record before us does not show a judgment or appealable order has been signed, we dismiss the appeal. See id. 26.1, 42.3(a); Ganesan v. Reeves, 236 S.W.3d 816, 817 (Tex. App.—Waco 2007, pet. denied). /Molly Francis/ MOLLY FRANCIS JUSTICE 171379F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT NATIONAL JUDGMENT RECOVERY CENTER, L.P. AS ASSIGNEE OF UNIFUND CCR PARTNERS ASSIGNEE OF FIRST CARD CONV, Appellant No. 05-17-01379-CV On Appeal from the County Court at Law No. 5, Dallas County, Texas Trial Court Cause No. CC-06-00504-E. Opinion delivered by Justice Francis. Justices Brown and Stoddart participating. V. MARCIA M. SWEET, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER appellee Marcia M. Sweet recover her costs, if any, of this appeal from appellant National Judgment Recovery Center, L.P. as Assignee of Unifund CCR Partners Assignee of First Card Conv. Judgment entered March 1, 2018. –3–
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