Title: 

Miller v. Southwestern Exposition & Live Stock

Date: 

September 13, 2007

Citation: 

2-07-261-CV

Court: 

Status: 

Unpublished Opinion

No History

Table of Contents

Court of Appeals of Texas,

Fort Worth.

John Leslie MILLER, Appellant

v.

SOUTHWESTERN EXPOSITION & LIVE STOCK, Fremont Industrial Insurance Group, Executive Deputy Workers Compensation, and Tex Worker’s Compensation Commission, Appellees.

No. 2-07-261-CV.

|

Sept. 13, 2007.

From the 67th District Court of Tarrant County, Donald J. Cosby, Judge.

Attorneys & Firms

John Leslie Miller, Fort Worth, pro se.

Joseph A. Pitner, Asst. Atty. Gen. and Deputy Chief, Administrative Law Division, Austin, for appellees.

PANEL D: McCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

MEMORANDUM OPINION

PER CURIAM.

*1 On July 24, 2007, appellant John Leslie Miller filed a “Notice of Appeal” in his suit to confirm an arbitration award. However, the trial court clerk has informed this court that no written order or judgment has been signed in the underlying case. Therefore, appellant’s notice of appeal is premature. See Tex.R.App. P . 26.1, 27.1(a). A prematurely filed notice of appeal is not effective until the appellate deadline is triggered and therefore does not vest this court with jurisdiction over the appeal. See Tex.R.App. P. 25.1(b), 27.1(a).

On July 27, 2007, we notified appellant that the appeal was subject to dismissal for want of jurisdiction and gave appellant fifteen days to correct this defect in the record. See Tex.R.App. P. 44.3, 44.4(a)(2). Appellant has not tendered or filed any signed orders from the trial court and has not shown grounds for continuing the appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex.R.App. P. 42.3(a), 43.2(f).

Footnotes

1 See Tex.R.App. P. 47.4.