Court of Civil Appeals of Texas, 2006

Alma Spence v. Dennis Wiley

Alma Spence v. Dennis Wiley
Court of Civil Appeals of Texas · Decided June 27, 2006

Alma Spence v. Dennis Wiley

Opinion










In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana


______________________________


No. 06-06-00069-CV

______________________________



ALMA SPENCE, Appellant

 

V.

 

DENNIS WILEY, Appellee



                                              


On Appeal from the Fifth Judicial District Court

Cass County, Texas

Trial Court No. 2004C0488



                                                 




Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter



MEMORANDUM OPINION


            Alma Spence, the sole appellant in this case, has filed a motion seeking to dismiss her appeal. Pursuant to Tex. R. App. P. 42.1, her motion is granted.

            We dismiss the appeal.

 

                                                                                    Jack Carter

                                                                                    Justice


Date Submitted:          June 26, 2006

Date Decided:             June 27, 2006



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In The

  Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-10-00121-CR

                                                ______________________________

 

 

                                        CORDELL MOODY, Appellant

 

                                                                V.

 

                                     THE STATE OF TEXAS, Appellee

 

 

                                                                                                  

 

 

                                       On Appeal from the 276th Judicial District Court

                                                            Marion County, Texas

                                                           Trial Court No. F13527

 

                                                                                                   

 

 

 

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                              Memorandum Opinion by Justice Carter


                                                      MEMORANDUM OPINION

 

            Cordell Moody has filed a notice of appeal, received by this Court on June 30, 2010.  He states that he appeals from the “finally judgment of the state district court of Jefferson, Tx. under number F13527.  order of the judgment, dismissed entered on about the 2nd day of June, 2010.”  Following the notice of appeal, he has attached five more pages, which wander through complaints about a slip and fall while in solitary confinement, and his claimed need for a number of operations and medicine; a list of witnesses who can presumably show that he was unlawfully convicted; a complaint about his appointed attorney; the denial of access to a law library, and a list of witnesses who can presumably show the denial of that access; a certificate of service listing a number of individuals to whom the documents were sent; and finally, an application to proceed as a pauper. 

            We contacted the district clerk of Marion County in an attempt to determine the viability of the notice of appeal.   There is no recent judgment in this case.  It appears that Moody was placed on community supervision in 2005 on a guilty plea and that a motion to revoke his community supervision has recently been filed and counsel has been appointed to represent Moody.   If Moody is attempting to appeal from his conviction, the time periods have long since run under which such an appeal could be brought.  See Tex. R. App. P. 26.2. 

            As of this date, no other action by a trial court from which an appeal could be brought has been taken in this case.   In the absence of any appealable order or judgment, we have no jurisdiction to entertain this appeal.

 

            We dismiss the appeal for want of jurisdiction.

 

 

                                                                                    Jack Carter

                                                                                    Justice

 

Date Submitted:          July 7, 2010

Date Decided:             July 8, 2010

 

Do Not Publish          

 

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