Unreported / Non-Citable
Background
Lerardrick Phillips filed a notice of appeal on February 20, 2026, purporting to appeal an order of the same date. But the clerk’s record, filed on June 15, contained no order or judgment rendered on that date—or on any date in 2026.
The court ordered Phillips to identify each judgment or order he sought to appeal, provide the date it was signed, and explain with supporting authority why it was appealable. Phillips instead filed a notice describing a July 13 hearing in which he allegedly could not participate because he could not hear the videoconference. He asked the court to include that notice in the appellate record, but the court concluded that his response did not comply with its order.
The Court’s Holding
The Texas Fourth Court of Appeals dismissed the appeal for want of jurisdiction. Texas appellate courts generally have jurisdiction only over final judgments and orders, except when a statute authorizes an interlocutory appeal. Because the record contained no final judgment or appealable interlocutory order, there was nothing over which the court could exercise appellate jurisdiction.
The court acknowledged that Texas Rule of Appellate Procedure 27.1 can treat a prematurely filed notice of appeal as filed after a later written judgment is signed. But the rule does not require an appellate court to keep an appeal open indefinitely while awaiting an appealable judgment. Phillips’s failure to identify an appealable ruling after being ordered to do so left dismissal required.
Key Takeaways
- A notice of appeal must identify the date of the judgment or order being challenged.
- Absent a final judgment or statutorily appealable interlocutory order, a Texas appellate court lacks jurisdiction.
- The premature-notice rule does not require an appellate court to hold an appeal open until an appealable judgment is eventually signed.
Why It Matters
The decision underscores that appellate jurisdiction depends on an actual appealable ruling in the record, not merely a notice stating that such a ruling exists. An appellant who is directed to establish jurisdiction must specifically identify the challenged ruling, its signing date, and the legal basis for an immediate appeal.