Genaro Rene Perales v. Lux Land LLC Appeal from County Court at Law No. 3 of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00462-CV Genaro Rene PERALES, Appellant v. LUX LAND LLC, Appellee From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2021CV03390 Honorable David J. Rodriguez, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Delivered and Filed: December 15, 2021 DISMISSED FOR LACK OF JURISDICTION Genaro Rene Perales filed a notice October 22, 2021, stating his desire to appeal the trial court’s judgment. The clerk’s record reflects appellee Lux Land LLC obtained a judgment for eviction against Perales in the justice court. The judgment was appealed to the county court at law, and the case was set for a non-jury trial on October 21, 2021. However, the clerk’s record does not contain a signed judgment. Instead, it contains a proposed judgment that has been stricken through and 04-21-00462-CV judge’s notes and a docket entry, both of which state “default judgment denied.” In addition, the record reflects the case has been reset for a non-jury trial on January 14, 2022. A written and signed judgment is necessary for an appeal. See TEX. R. APP. P. 26.1 (appellate timetable runs from the date the judgment or order is signed); Garza v. Texas Alcoholic Beverage Comm’n, 89 S.W.3d 1, 8–9 (Tex. 2002); Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam). We ordered Perales to file a response by December 2, 2021, showing why this appeal should not be dismissed for lack of jurisdiction. No response has been filed. We therefore dismiss the appeal. PER CURIAM -2-

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