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Hubbard-Jowers v. Starfire

Court of Appeals of Texas, Second District, Fort Worth
Feb 8, 2007
No. 02-06-462-CV (Tex. App. Feb. 8, 2007)

Opinion

No. 02-06-462-CV

Delivered: February 8, 2007.

Appeal from the 17th District Court of Tarrant County.

PANEL D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.


MEMORANDUM OPINION


Appellant Karen Hubbard-Jowers's notice of appeal indicates that she is attempting to appeal from the trial court's orders "rendered on or about December 19, 2006, concerning the issuance and enforcement of a writ of sequestration, failure to dissolve writ of sequestration, and/or failure to dismiss for want of subject-matter jurisdiction." However, the trial court clerk has informed this court that no written orders have been signed.A trial court's oral pronouncement is not an acceptable substitute for a written order. Emerald Oaks Hotel/Conference Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding); McCormack v. Guillot, 597 S.W.2d 345, 346-47 (Tex. 1980) (orig. proceeding). Accordingly, appellant's notice of appeal is premature. See TEX. R. APP. P. 26.1, 27.1(a); Harrison v. TDCJ-ID, 134 S.W.3d 490, 491 (Tex.App.-Waco 2004, order). A prematurely filed notice of appeal is not effective until the appellate deadline is triggered and therefore does not vest this court with jurisdiction over the appeal. See TEX. R. APP. P. 25.1(b), 27.1(a); see also Ex parte Wiley, 949 S.W.2d 3, 4 (Tex.App.-Fort Worth 1996, no pet.) (dismissing appeal from trial court's oral denial of motion to dismiss and application for habeas relief for want of jurisdiction). On December 28, 2006, we notified appellant that the appeal was subject to dismissal for want of jurisdiction and gave appellant twenty days to correct this defect in the record. See TEX. R. APP. P. 44.3, 44.4(a)(2). Appellant has not tendered or filed any signed orders from the trial court. Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).


Summaries of

Hubbard-Jowers v. Starfire

Court of Appeals of Texas, Second District, Fort Worth
Feb 8, 2007
No. 02-06-462-CV (Tex. App. Feb. 8, 2007)
Case details for

Hubbard-Jowers v. Starfire

Case Details

Full title:KAREN HUBBARD-JOWERS, Appellant v. STARFIRE ENTERPRISES, LTD., Appellee

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Feb 8, 2007

Citations

No. 02-06-462-CV (Tex. App. Feb. 8, 2007)