Eugenio E. Martinez v. Diana G. Ordonez, et al. Appeal from ... of De Witt County (memorandum opinion per curiam)
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NUMBER 13-16-00444-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ EUGENIO E. MARTINEZ, Appellant, v. DIANA G. ORDONEZ, ET AL., Appellees. ____________________________________________________________ On appeal from the Small Claims Court, Precinct 1 of DeWitt County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion Per Curiam Appellant, Eugenio E. Martinez, attempted to perfect an appeal from a dismissal of Cause No. SC15-0026 entered by the small claims court, Precinct 1 Cuero, County of De Witt, Texas. Upon review of the documents before the Court, it appeared there was no final, appealable order. On August 10, 2016, the Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of the notice, the appeal would be dismissed for want of jurisdiction. Appellant failed to respond to the Court’s notice. In terms of appellate jurisdiction, appellate courts only have jurisdiction to review final judgments and certain interlocutory orders identified by statute. Lehmann v. HarCon Corp., 39 S.W.3d 191, 195 (Tex. 2001). In a civil case, an appeal to the Court of Appeals may be taken “from a final judgment of the district or county court.” See TEX. CIV. PRAC. & REM. CODE ANN. §51.012 (West, Westlaw through 2013 3d C.S.). The Court, having considered the documents on file and appellant's failure to correct the defect in this matter, is of the opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the appeal is DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a),(c). PER CURIAM Delivered and filed the 22nd day of September, 2016. 2
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