Opinion
NO. 14-13-00749-CV
03-17-2015
JANELL SUE MARIN, Appellant v. JOEL JOSEPH MARIN, Appellee
On Appeal from the 300th District Court Brazoria County, Texas
Trial Court Cause No. 56502
OPINION
Appellant, Janell Sue Marin, attempts to appeal a final decree of divorce signed by a special judge under Chapter 151 of the Civil Practice and Remedies Code. See generally Tex. Civ. Prac. & Rem. Code Ann. §§ 151.001-.013 (West, Westlaw through 2013 3d C.S.).
Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Under Chapter 151, the parties may not appeal the verdict of a special judgment until (1) the special judge submits a verdict to the trial court, (2) all parties and all claims in the case are disposed of, and (3) the trial court signs an order that memorializes the finality of the case. Tex. Civ. Prac. & Rem. Code Ann. §§ 151.001, .004, .011, .012, .013. See Baroid Equipment, Inc. v. Odeco Drilling, Inc., 64 S.W.3d 504, 505 (Tex.App.—Houston [1st Dist.] 2001, opinion after remand, 184 S.W.3d 1, 11, pet. denied) (abating appeal until trial court signed final judgment). "An appeal is from the order of the referring judge's court . . . ." Tex. Civ. Prac. & Rem. Code Ann. §§ 151.013. The clerk's record did not contain a final order from the referring court.
On January 27, 2015, we abated this appeal and remanded to the trial court to allow the parties the opportunity to obtain a final judgment. We further ordered that this appeal was subject to dismissal for want of jurisdiction if the parties did not file a supplemental clerk's record containing a signed, appealable final order within thirty days of the date of the order. The parties have not filed the requested supplemental record with this court.
Accordingly, we order the appeal dismissed.
/s/ John Donovan
Justice
Panel consists of Justices Boyce, Jamison, and Donovan.