30 2010 15 2011 v. 302 542 546 2009 30 2010 30 2010 30 2010 42 (2011)

Court of Appeals of Texas, Dallas.

Bridget Brown Parson, appearing pro se, filed a notice of appeal.  In her notice of appeal, Parson states that she is appealing an order dated November 30, 2010.  By letter dated April 15, 2011, we questioned our jurisdiction over this appeal because there did not appear to be a final judgment.  We directed the parties to file letter briefs addressing how we have jurisdiction.  To date, the parties have not responded to our jurisdictional letter.  Appellate jurisdiction is never presumed.  Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 546 (Tex.App.—Dallas 2009, no pet.).  Unless the record affirmatively shows the propriety of appellate jurisdiction, we must dismiss.  Id. The clerk's record does not contain the November 30, 2010 order Parson states she is appealing.  The clerk's record does contain a joint application for approval of settlement between the successor administrator and the surety that was filed on November 30, 2010.  In the joint application, the parties ask the trial court to sign the order submitted with it.  The order is not signed.  Moreover, the trial court's docket sheet does not show that any order was signed on November 30, 2010.  It appears the order appellant seeks to appeal was never signed by the trial judge.  Accordingly, we dismiss Parson's appeal for want of jurisdiction.  See Tex.R.App. P. 42.3(a).

No. 05–11–00120–CV

Decided: June 20, 2011

Before Justices O'Neill, Francis, and Myers