Maria Rivera v. Mary Ann Novosad

IN THE TENTH COURT OF APPEALS No. 10-03-00084-CV Maria Rivera, Appellant v. Mary Ann Novosad, Appellee From the 12th District Court Madison County, Texas Trial Court # 01-9666-012-01 MEMORANDUM Opinion Appellant Maria Rivera has filed a motion to dismiss her appeal stating the appeal has now been resolved and the settlement reached is final. This appeal is dismissed. Tex. R. App. P. 42.1(a)(1). Costs are taxed against Appellant. Id. (d). TOM GRAY Chief Justice Before Chief Justice Gray, Justice Vance, and Justice Reyna Appeal dismissed Opinion delivered and filed March 16, 2005 [CV06] . 27.1(b). According to Rule 27.1(b), a premature notice of appeal takes effect in a criminal case “on the same day, but after, . . . the appealable order is signed by the trial court.” Id. We are willing to wait a reasonable time for the trial court to sign an order adjudicating the merits of McIntosh’s motion for DNA testing. See Cravin v. State, No. 01-01-1166-CR, 2002 Tex. App. LEXIS 8494, at *3 (Tex. App.—Houston [1st Dist.] Nov. 27, 2002, no pet. h.) (written order required for post-conviction DNA appeal). But, if a supplemental record containing such an order is not filed with the Clerk of this Court on or before 5:00 p.m. on December 27, 2002, we will dismiss this appeal for want of jurisdiction. See Cook v. Lernout & Hauspie Med. Servs. Div., 68 S.W.3d 285, 286 (Tex. App.—Waco, order), disp. on merits, 76 S.W.3d 203 (Tex. App.—Waco 2002, no pet.). PER CURIAM Before Chief Justice Davis, Justice Vance, and Justice Gray (Justice Gray dissenting) Order issued and filed December 11, 2002 Publish