In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-15-00167-CV 

CLARENCE HAWKINS, APPELLANT 

 

V. 

 

DONALD FREEMAN, MD, FRANK PERETTI, MD 

AND LUBBOCK DEPARTMENT OF FAMILY 

AND PROTECTIVE SERVICES, APPELLEES 

 

On Appeal from the 99th District Court 

Lubbock County, Texas 

Trial Court No. 2013-506,653; Honorable William C. Sowder, Presiding 

 

June 2, 2015 

 

MEMORANDUM OPINION 

 

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. 

Appellant Clarence Hawkins, appearing pro se, filed a notice of appeal on April 

13, 2015. Appellees are Donald Freeman,1Frank Peretti, and the Texas Department of 

Family and Protective Services. 

 

1

The district clerk’s certificate that accompanied Hawkins’ notice of appeal 

names Donald Freeman, MD among the defendants; some of the documents provided 

us spell his last name “Freedman.” 
2

Hawkins filed suit against appellees. According to copies of orders provided by 

the district clerk, on August 16, 2013, the trial court signed a take-nothing judgment in 

favor of the Department and severed Hawkins’ case against it from the remaining 

parties and issues. On February 21, 2014, the court signed an order dismissing with 

prejudice all Hawkins’ claims against Freeman. The order concludes with the 

statement, “This is a final judgment disposing of all issues and parties.” The court then 

signed an order on June 17, 2014, granting Peretti’s “motion to dismiss” without 

prejudice. 

A timely-filed notice of appeal invokes the appellate jurisdiction of a court of 

appeals. James v. Houston Hous. Auth., No. 14-14-00673-CV, 2014 Tex. App. LEXIS 

10989, at *3 (Tex. App.—Houston [14th Dist.] Oct. 2, 2014, no pet) (per curiam) (mem. 

op.) (citing TEX. R. APP. P. 25.1(b)). Generally, a notice of appeal must be filed within 

30 days after the judgment is signed. TEX. R. APP. P. 26.1. A notice of appeal may be 

filed within ninety days after the judgment is signed if a party timely files a motion for 

new trial or another specified motion or request. TEX. R. APP. P. 26.1(a).2 If the notice 

of appeal is untimely, the court of appeals lacks jurisdiction and must dismiss the 

appeal. Haase v. Abraham, Watkins, Nichols, Sorrels, Agosto and Friend, LLP, 404 

S.W.3d 75, 80 (Tex. App.—Houston [14th Dist.] 2013, no pet.).

In a letter of May 1, 2015, we notified Hawkins and counsel for the appellees it 

appeared that the notice of appeal was untimely and that we lacked jurisdiction over the 

appeal. We directed Hawkins to file an affidavit or letter brief providing any information 

 

2 Even in a restricted appeal under appellate rule 30, the notice of appeal must 

be filed within six months after the judgment is signed. TEX. R. APP. P. 26.1(c); 30. 
3

he considered necessary for us to determine our jurisdiction. Hawkins responded by 

filing copies of several documents. Nothing he supplied showed his notice of appeal 

was timely, or provided any other factual and legal support for our jurisdiction over his 

appeal. None of the appellees filed a response, although our letter offered them the 

opportunity. 

Whether we measure the appellate timetable from the trial court’s February 21, 

2014 order3or its June 17, 2014 order, the notice of appeal filed in April 2015 was 

untimely. We have no jurisdiction over the attempted appeal. It is therefore dismissed 

for want of jurisdiction. Haase, 404 S.W.3d at 80; see Tex. R. App. P. 42.3(a); 43.2(f).

James T. Campbell

 Justice

 

 

3 Because of its statement of finality, the February 21, 2014 order appears to be 

the final judgment in the case. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 

2001) (“the language of an order or judgment can make it final, even though it should 

have been interlocutory, if that language expressly disposes of all claims and all parties” 

(emphasis in original)). But, as noted, for purposes of determining our jurisdiction 

based on a timely-filed notice of appeals, it matters not whether the appellate timetable 

began on February 21 or on June 17, 2014.