MARIA SALINAS v. MANUEL SALINAS (2017)

MEMORANDUM OPINION

Appellant, Maria Salinas, is attempting to appeal a purported decision of the court in a divorce case. According to the notice of appeal, the trial court conducted the final hearing on December 14, 2016, but the trial court has not yet entered a divorce decree. We treated the notice of appeal as premature, and we have given Appellant ample opportunity to secure a written divorce decree in order that the appeal could proceed. The trial court has not signed a divorce decree as of this date.

A written order is necessary for a party to perfect appeal from a trial court's order because the appellate timetable runs from the date the judgment or order is signed. See TEX.R.APP.P. 26.1; Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995). A trial court's oral pronouncement and docket entry are not an acceptable substitute for a written order. Emerald Oaks Hotel/Conference Center, Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding); McCormack v. Guillot, 597 S.W.2d 345, 346 (Tex. 1980) (orig. proceeding); see also Five Star Dev. Resort Communities, LLC v. Istar Financial, Inc., No. 08-11-00299-CV, 2011 WL 6209366, at *1 (Tex.App-El Paso Dec. 7, 2011, no pet.)(mem.op.). In the absence of a final judgment or appeal order, we must dismiss this appeal for lack of jurisdiction. See TEX.R.APP.P. 42.3(a).

ANN CRAWFORD McCLURE, Chief Justice