Wolter v. Donaldson

Vernon Wolter has filed an appeal. He filed his notice of appeal on July 24, 2001, and it states that the appeal is from “a postjudgment order issued in the 133rd Judicial District Court . . .” The complained-of order was signed on March 16, 2001, and it directed the sale of a promissory note. The underlying lawsuit, a slander of title suit, involved the question of whether a house was sold, when it was sold, and the status of a promissory note given for the purchase price. The order involved in this appeal is not the judgment in the lawsuit, but as Wolter acknowledges, it is a postjudgment order designed to enforce the judgment. The judgment does not appear in our record, but a copy of it is contained in the appendix to Wolter’s brief. The judgment was signed on January 11, 1999. Wolter appealed that judgment to the Twelfth Court of Appeals, which modified and affirmed it on December 30, 1999. The Texas Supreme Court denied review.

M. Gregory and wife, Melanie P. Donaldson have filed a motion asking us to dismiss this appeal for want of jurisdiction. They correctly point out that Wolter’s appellate brief attacks only the postjudgment order of March 16, 2001. In his prayer for relief, Wolter attacks the order of sale and also asks us to direct the trial court to vacate a later order of June 25, 2001, releasing the funds obtained through the sale of the house, and to order that all moneys be returned to the registry of the court.