CourtListener 10773049•Ex Parte Brian Cole v. the State of Texas
Texte intégral
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00367-CR
No. 02-25-00368-CR
___________________________
EX PARTE BRIAN COLE
On Appeal from the 485th District Court
Tarrant County, Texas
Trial Court Nos. 1787785, 1788991
Before Wallach, J.; Sudderth, C.J.; and Walker, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Brian Cole filed these appeals complaining that the trial court had not ruled on
his pretrial applications for habeas corpus. However, we do not have jurisdiction over
an appeal unless a trial court has signed an appealable order. See Ahmad v. State,
158 S.W.3d 525, 526 (Tex. App.—Fort Worth 2004, pet. ref’d) (noting that a criminal
defendant may generally appeal only from a final judgment); see also McCray v. State,
No. 02-24-00179-CR, 2024 WL 3195116, at *1 (Tex. App.—Fort Worth June 27,
2024, no pet.) (mem. op., not designated for publication) (noting that “a final
judgment or an appealable order is necessary for this court to obtain jurisdiction”);
Ex parte Mims, Nos. 02-24-00324-CR, 02-24-00325-CR, 02-24-00326-CR,
2025 WL 647354, at *1 (Tex. App.—Fort Worth Feb. 27, 2025, pet. ref’d) (mem. op.,
not designated for publication) (discussing when intermediate appellate court has
jurisdiction over appeal from order denying pretrial writ of habeas corpus).
Here, the trial court has not signed any final judgments or appealable
interlocutory orders. Accordingly, we notified Cole of our concern that we lacked
jurisdiction over these appeals, and we cautioned him that we would dismiss the
appeals unless he or another party filed a response showing grounds to continue
them.
In response, Cole filed a “Motion to Invoke Jurisdiction and for Abatement to
Compel Ruling on Pretrial Habeas Corpus Applications,” which we construe as his
jurisdictional response. The response states that we have appellate jurisdiction under
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Texas Rule of Appellate Procedure 31, see Tex. R. App. P. 31.1–31.4, but it does not
show any grounds for continuing the appeals when the trial court has not signed any
appealable orders.
Cole’s response also cites Texas Government Code Section 22.221 and asks
this court to abate the appeals, compel the trial court to hold a hearing, and rule
on his habeas applications within thirty days. See Tex. Gov’t Code Ann.
§ 22.221 (providing intermediate appellate courts with authority to issue writs of
mandamus). Cole has not filed a petition for writ of mandamus and has not asked us
to construe his notices of appeal or response as such a petition. However, to the
extent that Cole’s response constitutes a request that this court grant mandamus relief,
we deny the request because his filings in this court do not meet the requirements of
Texas Rule of Appellate Procedure 52. See Tex. R. App. P. 52.3, 52.7(a); Thomas v. Tex.
Dep’t of Crim. Just.—Institutional Div., 3 S.W.3d 665, 667 (Tex. App.—Fort Worth 1999,
no pet.).
Because there does not appear to be any written, signed order from which to
appeal, we dismiss the appeals for want of jurisdiction. See Tex. R. App. P. 43.2(f); see
also Ex parte Yezak, No. 03-22-00582-CR, 2022 WL 15526491, at *1 (Tex. App.—
Austin Oct. 28, 2022, no pet.) (mem. op., not designated for publication) (dismissing
appeal that sought review of trial court’s failure to rule on habeas application).
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Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: January 8, 2026
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