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In The Court of Appeals Sixth Appellate District of Texas at Texarkana
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No. 06-06-00018-CV ______________________________
IN RE: ESTATE OF BOBBY LEON KENNIMER, DECEASED
On Appeal from the County Court Upshur County, Texas Trial Court No. 6539
Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Tresha "Poppy" Elwell and Jennifer Deann Hillis, the appellants in this case, have filed a motion seeking to dismiss their appeal. Pursuant to Tex. R. App. P. 42.1, their motion is granted.
We dismiss the appeal.
Jack Carter
Justice
Date Submitted: October 30, 2006
Date Decided: October 31, 2006
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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-11-00083-CR
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THOMAS EVERETT NIX, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 71st Judicial District Court
Harrison County, Texas
Trial Court No. 88-0275X
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Thomas Everett Nix has filed a notice of appeal from the trial courts denial of his motion for judgment nunc pro tunc.
The right to appeal in a criminal case is a substantive right determined solely within the province of the Legislature. Lyon v. State, 872 S.W.2d 732, 734 (Tex. Crim. App. 1994). A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed. Tex. Code Crim. Proc. Ann. art. 44.02 (West 2006). Generally, a criminal defendant may only appeal from a final judgment. See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). The courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Ahmad v. State, 158 S.W.3d 525, 526 (Tex. App.Fort Worth 2004, pet. refd).
We do not have jurisdiction over an appeal from an order denying a request for judgment nunc pro tunc. See generally State v. Ross, 953 S.W.2d 748, 75152 (Tex. Crim. App. 1997); Sanchez v. State, 112 S.W.3d 311 (Tex. App.Corpus Christi 2003, no pet.); Everett v. State, 82 S.W.3d 735 (Tex. App.Waco 2002, pet. dismd); Allen v. State, 20 S.W.3d 164, 165 (Tex. App.Texarkana 2000, no pet.).
We dismiss for want of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: June 30, 2011
Date Decided: July 1, 2011
Do Not Publish
Document Info
Docket Number: 06-06-00018-CV
Filed Date: 10/31/2006
Precedential Status: Precedential
Modified Date: 9/7/2015