Sara Watts Hord v. Texas Department of Protective and Regulatory Services--Appeal from 119th District Court of Runnels County

cv6-398.Hord.draft TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00398-CV
Sara Watts Hord, Appellant
v.
Texas Department of Protective and Regulatory Services, Appellee
FROM THE DISTRICT COURT OF RUNNELS COUNTY, 119TH JUDICIAL DISTRICT
NO. 353, HONORABLE JOHN E. SUTTON, JUDGE PRESIDING

PER CURIAM

 

Appellant Sara Hord seeks to appeal the trial court's judgment signed April 4, 1996. Appellant filed a motion for new trial on May 3, 1996. Appellant's deadline for filing a cost bond or affidavit of inability to pay costs of appeal was July 3, 1996.

In reviewing the transcript, the Clerk of this Court noted that appellant timely filed a notice of appeal with the district court on July 1, 1996. By letter of July 19, 1996, this Court notified appellant that she was not a party that may perfect an appeal by filing a notice of appeal. See Tex. Civ. Prac. & Rem. Code Ann. 6.001-.003 (West Supp. 1997). Additionally, this Court informed appellant that while the notice of appeal was a timely bona fide attempt to perfect the appeal and invoke the Court's jurisdiction, the notice was a defective perfecting instrument. Grand Prairie Indep. Sch. Dist. v. Southern Parts Imports, Inc., 813 S.W.2d 499, 500 (Tex. 1991). The Court informed appellant, by the July 19 letter, that appellant could amend the defective perfecting instrument by filing a proper affidavit of inability to pay costs of appeal or give security, an appeal bond, or certificate of cash deposit in the district court and then forwarding a copy by a supplemental transcript to this Court. Finally, the letter stated that if appellant did not file a proper perfecting instrument by August 16, 1996, the appeal may be dismissed unless the parties responded within ten days showing grounds for continuing the appeal. Tex. R. App. P. 60(a)(2).

The time for filing a supplemental transcript containing a proper perfecting instrument has passed with no action by Hord. Without an effective perfecting instrument this Court has no jurisdiction over the appeal. Davies v. Massey, 561 S.W.2d 799, 801 (Tex. 1970). Because appellant has failed to file a supplemental transcript containing a proper perfecting instrument, this Court is without jurisdiction over the appeal. Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 60(a)(2).

 

Before Justices Powers, Jones and Kidd

Appeal Dismissed for Want of Jurisdiction

Filed: February 13, 1997

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