Enfield Plaza Homeowners Association, Inc. v. Stephanie Beardsley Kerpsack, and 1621 Enfield Condominium Owners Association

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS

ENFIELD PLAZA HOMEOWNERS § No. 08-25-00014-CV
ASSOCIATION, INC.,
§ Appeal from the
Appellant,
§ 345th District Court
v.
§ of Travis County, Texas
STEPHANIE BEARDSLEY
KERPSACK, and 1621 ENFIELD § (TC# D-1-GN-17-003295)
CONDOMINIUM OWNERS
ASSOCIATION, §

Appellees. §

MEMORANDUM OPINION

This is an attempted appeal from a trial court’s denial of a motion to reinstate orally

rendered on December 16, 2024. 1 Because the record before us does not include a written order

denying the motion to reinstate, we dismiss the appeal for lack of jurisdiction.

On March 6, 2025, the Clerk of this Court notified Appellant of the Court’s intent to dismiss

the appeal for want of jurisdiction based on the lack of a final, appealable order, unless any party

could show grounds for continuing the appeal. Pursuant to Texas Rule of Appellate Procedure

42.3(a), the notice cautioned Appellant that the appeal would be submitted for dismissal if it did

1
This appeal was transferred from the Third Court of Appeals pursuant to a Texas Supreme Court docket equalization
order. Accordingly, we apply the Third Court of Appeals’ precedent to the extent it conflicts with our own. See Tex. R.
App. P. 41.3.
not show the basis for this Court’s jurisdiction by March 16, 2025. Appellant responded by asking

this Court to refrain from dismissing the appeal pending the submission of the reporter’s record

containing the oral ruling denying the motion to reinstate.

Appellate courts have jurisdiction over final judgments and interlocutory orders authorized

by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192 (Tex. 2001). A written order is

necessary for a party to perfect an appeal as the appellate timetables run from the date the judgment

or order is signed. See Tex. R. App. P. 26.1. A trial court’s oral pronouncement cannot substitute

for the written order required by rule. See Salinas v. Salinas, No. 08-17-00006-CV, 2017 WL

2889058, at *1 (Tex. App.—El Paso July 7, 2017, no pet.) (mem. op.) (citing Emerald Oaks

Hotel/Conference Center, Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding)

(per curiam)).

Accordingly, because there is no appealable order or judgment, we dismiss this appeal for

want of jurisdiction.

LISA J. SOTO, Justice

March 27, 2025

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

2