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CLEVELAND GREEN, III, Appellant v. BRUCE A. MORROW, Appellee

MEMORANDUM OPINION

PER CURIAM

Appellant's notice of appeal, filed with this Court on December 23, 2002, fails to state the date of the judgment or order on appeal. Appellant states in his notice of appeal that he "is unable to provide the Appellate Court with the date of the judgment in this case because Appellant has not received the judgment or opinion/order of the proceeding held on November 25th 2002. Plaintiff/Appellant was absent from the non-jury trial." Appellant is an inmate. He states that he believes a non-jury trial was conducted and his case was dismissed.

By letter dated January 27, 2003, the Court instructed appellant to file a jurisdictional letter brief explaining the basis for the Court's jurisdiction over the unspecified judgment in this case and directed him to amend his notice of appeal with the date of the judgment. Appellant was warned that failure to respond would result in the dismissal of this appeal. Appellant has failed to respond.

On February 14, 2003, a letter from the Court Coordinator of the 162nd Judicial District Court was filed in this appeal. Such letter states: "Please be advised that service has not been perfected on the named defendants in the above referenced cause. Also note this case was not reached on the court's docket November 25, 2002 and was therefore reset to April 28, 2003 @ 9:00 a.m."

There is no final judgment or appealable interlocutory order in this case, and accordingly, this Court is without jurisdiction to consider this appeal. See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). Accordingly, on the Court's own motion, this appeal is DISMISSED for want of jurisdiction. See Tex.R.App.P.42.3(a).

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GREEN v. MORROW, 05-02-01992-CV (Tex.App.-Dallas 3-3-2003)
(Mar 3, 2003)