Julie G. Hensley and Mark B. Hensley v. City of Ingram Appeal from 198th Judicial District Court of Kerr County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-20-00470-CV Julie G. HENSLEY and Mark B. Hensley, Appellants v. CITY OF INGRAM, Appellee From the 198th Judicial District Court, Kerr County, Texas Trial Court No. 19355B Honorable Solomon Casseb Jr., Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: November 4, 2020 DISMISSED FOR WANT OF JURISDICTION Appellants filed a notice of appeal after the trial court notified the parties that it was granting Appellee’s plea to the jurisdiction against Appellants’ declaratory judgment action. However, the clerk’s record contains no final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (noting that generally “an appeal may be taken only from a final judgment”). Appellee moved this court to dismiss the appeal for want of jurisdiction. In response, Appellants filed a motion for extension of time to obtain a signed order from the trial court and 04-20-00470-CV submit it in a bill of exception. Appellants’ motion effectively concedes that the appellate record does not contain a final judgment, and Appellants failed to show how this court’s jurisdiction has been invoked. Because the record does not include an appealable interlocutory order or final judgment, this court has no jurisdiction over the appeal, and we must dismiss it. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. We grant Appellee’s motion to dismiss this appeal for want of jurisdiction and deny Appellants’ motion for extension of time to file a bill of exception. PER CURIAM -2-

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