Travis Wayne Newman v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-22-00042-CV

TRAVIS WAYNE NEWMAN,
Appellant
v.

THE STATE OF TEXAS,
Appellee

From the 220th District Court
Bosque County, Texas
Trial Court No. CV21-075

MEMORANDUM OPINION

In February of 2022, while acting pro se, appellant Travis Wayne Newman filed

what appeared to be a notice of appeal challenging a default judgment dismissing his

suit against the State. On July 18, 2023, following briefing by both parties, Newman

filed a motion seeking thirty days to allow newly retained counsel to file an amended

brief, and we granted that motion. Newman’s amended brief indicates that he never
intended to file notice of appeal and that the trial and appellate courts erred in

construing his filing as such. He further indicates that he has outstanding arguments

that remain unresolved by the trial court.

A litigant has discretion to perfect and prosecute an appeal. See TEX. R. APP. P.

42.1. That said, we have no jurisdiction over a controversy in absence of a properly

filed notice of appeal. See Triad Indus., Inc. v. Clear Water, Inc., No. 10-18-00340-CV, 2019

WL 81955, at *1 (Tex. App.—Waco Jan. 2, 2019) (mem. op.) (“[A]bsent a timely filed

notice of appeal, we must dismiss the appeal.” (citing TEX. R. APP. P. 25.1(b))); TEX R.

CIV. P. 509.8(b) (outlining elements necessary for perfection of appeal). Accordingly, we

dismiss the appeal for want of jurisdiction without comment as to the merits of any

determinations below and without prejudice as to the filing of an appeal in the future.

MATT JOHNSON
Justice

Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
(Chief Justice Gray dissents)
Dismissed for Want of Jurisdiction
Opinion delivered and filed August 30, 2023
[CV06]

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