Unreported / Non-Citable
Background
Henry B. Berrocal filed a notice of interlocutory appeal and an emergency motion for temporary relief on June 15, 2026. He sought to challenge what he characterized as the trial court’s constructive denial and explicit refusal to enter a written order on his emergency verified application for a writ of sequestration. The Fourth Court of Appeals denied temporary relief on June 17.
After an inquiry from the appellate court, the Bexar County District Clerk’s Office confirmed that the trial court had not signed any judgment or order in the case. The clerk’s record likewise contained no written order or judgment. Berrocal responded to the court’s show-cause order and alternatively sought mandamus relief, which the court docketed separately and denied on July 15, 2026.
The Court’s Holding
The court dismissed the direct appeal for lack of jurisdiction. It explained that its appellate jurisdiction is limited to appeals from written, signed final judgments and appealable interlocutory orders. Because the trial court had signed neither a judgment nor an order, there was nothing from which Berrocal could appeal.
Berrocal acknowledged that appellate jurisdiction ordinarily requires a written judgment but argued for an exception when a trial-court system allegedly uses administrative obstruction to prevent entry of a signed order and insulate itself from review. The court rejected that argument because he cited no authority recognizing such an exception.
Key Takeaways
- A Texas appellate court generally lacks jurisdiction over a direct appeal unless the trial court has signed a written final judgment or an appealable interlocutory order.
- An alleged constructive denial or refusal to enter an order does not itself supply an appealable written order.
- The court declined to recognize an unsupported administrative-obstruction exception to the written-order requirement.
Why It Matters
The decision reinforces that appellate jurisdiction depends on a signed written ruling, not merely the trial court’s alleged inaction or an oral, constructive, or administrative refusal to rule. Litigants seeking immediate review must identify an appealable written order or pursue another procedurally available remedy.