Maurice Mitchell v. Texas Department of Criminal Justice Institutional Division and the State of Texas

In The Court of Appeals

Ninth District of Texas at Beaumont

__________________ NO. 09-21-00020-CV __________________

MAURICE MITCHELL, Appellant

V.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL

DIVISION AND THE STATE OF TEXAS, Appellees __________________________________________________________________

On Appeal from the 411th District Court

Polk County, Texas Trial Cause No. CIV32384

__________________________________________________________________

MEMORANDUM OPINION Appellant Maurice Mitchell filed a notice of interlocutory appeal, in which he states that the defendants failed to respond to his motion for summary judgment. The information from the District Clerk indicates that the trial court has not yet signed an appealable order.

On February 1, 2021, we questioned our jurisdiction over the appeal and instructed the parties to file written responses identifying the particular statute or rule authorizing an interlocutory appeal by February 22, 2021. In the same letter, we warned the parties that we would dismiss the appeal unless our jurisdiction is established.

Appellant filed a response, but he failed to identify a signed order by the trial court that is appealable at this time. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014; Tex. R. App. P. 42.3(a). Accordingly, we dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

PER CURIAM Submitted on April 14, 2021 Opinion Delivered April 15, 2021 Before Golemon, C.J., Kreger and Johnson, JJ.