Larry D. Ford v. Memorial Hermann Hospice Appeal from 129th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued June 8, 2021 In The Court of Appeals For The First District of Texas ———————————— NO. 01-20-00542-CV ——————————— LARRY D. FORD, Appellant V. MEMORIAL HERMANN HOSPICE, Appellee On Appeal from the 129th District Court Harris County, Texas Trial Court Case No. 2019-31727 MEMORANDUM OPINION Appellant, Larry D. Ford, filed a notice of appeal on July 25, 2020 asserting that the trial court dismissed his suit in the underlying case. But the record does not contain any judgments or orders by the trial court. Appellee filed a letter informing our Court that it would not be filing an appellee’s brief because (1) service was never executed on appellee and, thus, appellee never appeared in the trial court as a defendant and (2) there is no appealable order in the trial court. Ford was notified that this appeal would be dismissed for want of jurisdiction because the record does not contain either a final judgment or an appealable interlocutory order. See TEX. R. APP. P. 42.3(a); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Ford failed to file an adequate response demonstrating our jurisdiction over the appeal. Rather than addressing the lack of a final judgment or appealable order, as identified in our notice, Ford filed a “Motion to Retain” irrelevantly asserting that his appeal should not be dismissed as untimely.1 Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Kelly, Landau, and Hightower. 1 Although Ford’s filing is a response to our notice of intent to dismiss, to the extent that it requests relief, such relief is denied. 2
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