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Court of Appeals of Texas, 2012

Fire Insurance Exchange v. Judy Kennedy

Fire Insurance Exchange v. Judy Kennedy
Court of Appeals of Texas · Decided September 20, 2012
Fire Insurance Exchange v. Judy Kennedy

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00287-CR

FREDERICK D. PIMPTON APPELLANT V.

THE STATE OF TEXAS STATE

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FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY ----------

MEMORANDUM OPINION1 ----------

Appellant Frederick D. Pimpton appeals from the trial court’s order denying his motion for judgment nunc pro tunc. In late June 2012, we informed Appellant by letter of our concern that we do not have jurisdiction over his appeal because the order denying his motion does not appear to be an appealable order, and we stated that his appeal could be dismissed unless he or any party filed within ten days a response showing grounds for continuing the appeal. We have received no response.

Because an order denying a motion for judgment nunc pro tunc is not appealable,2 we dismiss this appeal for want of jurisdiction.3

PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: September 20, 2012

1 See Tex. R. App. P. 47.4. 2 See Ex parte Ybarra, 149 S.W.3d 147, 148–49 (Tex. Crim. App. 2004) (providing that appropriate remedy for denial of motion for judgment nunc pro tunc is to file petition for writ of mandamus in court of appeals); Everett v. State, 82 S.W.3d 735, 735 (Tex. App.—Waco 2002, pet. dism’d). 3 See Tex. R. App. P. 43.2(f).

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