Cordell Moody v. John Spivey and Probation Board of Dallas ( 2010 )

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-10-00066-CV

                                                ______________________________

                                        CORDELL MOODY, Appellant

                                                                V.

        JOHN SPIVEY AND PROBATION BOARD OF DALLAS, Appellees

                                       On Appeal from the 276th Judicial District Court

                                                            Marion County, Texas

                                                          Trial Court No. 1000075

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                     MEMORANDUM OPINION

            This is an appeal filed by Cordell Moody. He states in his notice of appeal that he is appealing from a final judgment in civil cause number 1000075 in the 276th Judicial District Court of Marion County, Texas.  We have contacted the district clerk, and have determined that no order has been entered in this case and no judgment has been rendered.  No justiciable action has been taken by the trial court in this case. Thus, there is nothing from which an appeal might be brought. 

            The constitution vests jurisdiction over appeals from final judgments of district and county courts in the courts of appeals, subject to restrictions and regulations prescribed by law.  Tex. Const. art. V, § 6; Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon 2008).

            Because there is no order or judgment in this case from which an appeal may be taken, the jurisdiction of this Court has not been invoked.  Accordingly, we dismiss Moody’s appeal for want of jurisdiction.

                                                                        Bailey C. Moseley

                                                                        Justice

Date Submitted:          September 2, 2010

Date Decided:             September 3, 2010