IN THE TENTH COURT OF APPEALS No. 10-09-00255-CV ROY D. MITCHELL, Appellant v. WELLS FARGO BANK, Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 74768

MEMORANDUM OPINION

Roy D. Mitchell has filed a notice of appeal without specifying the “order or judgment appealed from.” See TEX. R. APP. P. 25.1(d)(2). According to the district clerk, Mitchell’s case is still pending in the trial court. The Clerk of this Court notified the parties that the appeal was subject to dismissal for want of jurisdiction because the trial court has not signed a final judgment or other appealable order and advised that the appeal may be dismissed unless Mitchell or some other party filed a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). The Court has received no response. Accordingly, the appeal is dismissed. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007) (“Texas appellate courts have jurisdiction only over final orders or judgments unless a statute permits an interlocutory appeal.”).

FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed September 16, 2009 [CV06]

Mitchell v. Wells Fargo Bank Page 2