L. D. Pitts v. Eddie Erwin ( 2002 )


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  • Opinion issued June 27, 2002













    In The

    Court of Appeals

    For The

    First District of Texas




    NO. 01-02-00445-CV




    L.D. PITTS, Appellant



    V.



    EDDIE ERWIN, Appellee




    On Appeal from the 129th District Court

    Harris County, Texas

    Trial Court Cause No. 2002-17775




    O P I N I O N

    According to information provided by the trial court clerk, a notice of appeal was filed on April 29, 2002 complaining about the trial court's ruling denying a new date for an oral deposition. No order was signed; only a notation on the docket sheet was made. It appears to the Court that it has no jurisdiction to consider this appeal because it is taken neither from a final judgment nor from an interlocutory order appealable by statute.

    On May 16, 2002, the Court issued an order stating as follows:

    With exceptions not relevant here, an appeal may only be prosecuted from a final judgment. North East Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). A final judgment is one that disposes of all issues and parties in the case. Id. Unless within 30 days of the date of this order, appellant requests and pays for, and the district clerk files, a clerk's record demonstrating that all issues and parties before the trial court have been disposed of, this appeal will be dismissed for want of jurisdiction. Tex. R. App. P. 42.3(a).



    No clerk's record has been filed. Appellant has not responded to this Court's order of May 16, 2002. Accordingly, the appeal is dismissed for want of jurisdiction. All pending motions are denied as moot.

    Appellant, having invoked the jurisdiction of the Court by filing his notice of appeal, is obligated to pay the appellate filing fee of $125. See Tex. R. App. P. 5; Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998); Tex. Gov't Code Ann. § 51.207(a) (Vernon Supp. 2002). Appellant is ordered to remit such filing fee to the Clerk of this Court within 10 days of the date of this opinion. Appellant is not entitled to proceed as an indigent in this appeal because he has not complied with Tex. R. App. P. 20.1(c).

    PER CURIAM

    Panel consists of Justices Hedges, Jennings, and Keyes.

    Do not publish. Tex. R. App. P. 47.

Document Info

Docket Number: 01-02-00445-CV

Filed Date: 6/27/2002

Precedential Status: Precedential

Modified Date: 9/2/2015