Gabriel Aguilar v. Jesus Humberto Hernandez ( 2011 )

NUMBER 13-11-00257-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
GABRIEL AGUILAR, Appellant,
v.
JESUS HUMBERTO HERNANDEZ, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 5
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Garza, Vela, and Perkes
Memorandum Opinion Per Curiam
Appellant, Gabriel Aguilar attemped to perfect an appeal from an order signed on
April 11, 2011, in cause no. CL-05-1249-E. Upon review of the documents before the
Court, it appeared that there was no final, appealable judgment dated April 11, 2011. On
April 26, 2011, 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.
The Hidalgo County Clerk’s Office has informed this Court that no judgment was
entered on April 11, 2011. In terms of appellate jurisdiction, appellate courts only have
jurisdiction to review final judgments and certain interlocutory orders identified by statute.
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
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
9th day of June, 2011.
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