In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-09-00544-CV
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KEVIN SMITH, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. F-189,697
On December 17, 2009, we notified the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant filed a response, but failed to articulate a valid basis for jurisdiction in that response.
The notice of appeal seeks to appeal the trial court's order denying appellant's motion for judgment nunc pro tunc. The trial court's order is not appealable. See Everett v. State, 82 S.W.3d 735, 735 (Tex. App.-Waco 2002, pet. ref'd) (Court of Appeals does not have jurisdiction over appeal from order denying a request for judgment nunc pro tunc.). Accordingly, we hold the order from which appellant appeals is not appealable. We dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Opinion Delivered January 21, 2010
Before McKeithen, C.J., Gaultney and Horton, JJ.