the University of Texas Health Science Center at San Antonio v. Armando Hernandez ( 2017 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    February 17, 2017
    No. 04-17-00071-CV
    THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO,
    Appellant
    v.
    Armando HERNANDEZ,
    Appellee
    From the 288th Judicial District Court, Bexar County, Texas
    Trial Court No. 2014-CI-14282
    Honorable Rosie Alvarado, Judge Presiding
    ORDER
    The University of Texas Health Science Center filed a notice of appeal stating it intends
    to appeal from the trial court’s denial of its plea to the jurisdiction. The clerk’s record includes an
    unsigned docket entry titled “Judge’s Notes,” which indicates a hearing was held on January 5,
    2017, and which includes typewritten “NOTES” stating “Defendant University of Texas Health
    Science Center’s Plea to the Jurisdiction OR in the Alternative Motion for Summary Judgment is
    denied.”
    The clerk’s record does not contain any other document, including a signed judgment or
    order. Docket entries may not take the place of a separate order or judgment. First Nat. Bank of
    Giddings, Tex. v. Birnbaum, 
    826 S.W.2d 189
    , 190 (Tex. App.—Austin 1992, no writ)(supporting
    citations omitted). Therefore, it appears there is not yet a final, appealable judgment in the
    underlying cause, and the notice of appeal is premature. See 
    id. We, therefore,
    ORDER appellant to show cause in writing by March 3, 2017 why this
    appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines
    pending our determination whether we have jurisdiction over this appeal.
    _________________________________
    Irene Rios, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 17th day of February, 2017.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-17-00071-CV

Filed Date: 2/17/2017

Precedential Status: Precedential

Modified Date: 2/22/2017