Opinion
01-22-00796-CV
06-06-2023
City of Houston v. Iesa Wilson
Trial court: 215th District Court of Harris County No. 2022-41885
ORDER
APRIL L. FARRIS JUDGE
Appellant City of Houston filed a notice of interlocutory appeal challenging the trial court's purported October 10, 2022 denial of the City's combined Rule 91a motion to dismiss and motion for summary judgment. According to the appellate record, the trial court did not sign an order denying the City's motion. The City's appellate brief cites to a docket sheet entry in the record stating that "Defendant's Motions are DENIED. No Order for signature filed by Plaintiff." However, a docket sheet entry does not substitute for an appealable order or judgment. See In re Burlington Coat Factory Warehouse of McAllen, Inc., 167 S.W.3d 827, 831 (Tex. 2005) (orig. proceeding) ("[A] docket entry does not constitute a written order."). Absent a final, appealable judgment or an interlocutory order made appealable by statute, this Court lacks jurisdiction over this appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 & n.12 (Tex. 2001).
Accordingly, the Court may dismiss this appeal for lack of jurisdiction unless the City files a response within 10 days from the date of this order establishing by citation to the record and to legal authority that this Court has jurisdiction over this appeal. See Tex. R. App. P. 42.3(a).
It is so ORDERED.