Court of Civil Appeals of Texas, 1994

Lula Mae Pope, D/B/A Tender Loving Care Home Health Agency v. Texas Department of Human Services

Lula Mae Pope, D/B/A Tender Loving Care Home Health Agency v. Texas Department of Human Services
Court of Civil Appeals of Texas · Decided January 12, 1994

Lula Mae Pope, D/B/A Tender Loving Care Home Health Agency v. Texas Department of Human Services

Opinion

Pope v. Texas Dep't of Human Servs.

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,


AT AUSTIN










NO. 3-93-603-CV






LULA MAE POPE, D/B/A TENDER LOVING CARE HOME HEALTH AGENCY,


APPELLANT



vs.






TEXAS DEPARTMENT OF HUMAN SERVICES,


APPELLEE







FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT


NO. 92-11105, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING





PER CURIAM

Appellant Lula Mae Pope, d/b/a Tender Loving Care Home Health Agency, filed the transcript in this cause on November 12, 1993. On November 24, 1993, the Clerk of this Court notified counsel that the district court's July 20, 1993, order is interlocutory because it does not dispose of appellant's claims for injunctive and declaratory relief. See North E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). Appellant was notified that she had until December 27, 1993, to obtain a final judgment, request the district clerk to prepare a supplemental transcript containing the final judgment, and tender the supplemental transcript to the Clerk of this Court. The Clerk stated that failure to comply timely with his request would result in the appeal being dismissed for want of jurisdiction. See Tex. R. App. P. 60(a)(2). Appellant has not tendered the requested supplemental transcript or explained why the order is not interlocutory. In addition, appellant has not tendered the $50.00 filing fee. See Tex. R. App. P. 13(a), (i).

The appeal is dismissed for want of jurisdiction.



Before Chief Justice Carroll, Justices Aboussie and B. A. Smith

Appeal Dismissed for Want of Jurisdiction

Filed: January 12, 1994

Do Not Publish

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