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NO. 07-07-0274-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

AUGUST 28, 2007

______________________________

KENNETH HUTH, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE COUNTY COURT AT LAW NO. 7 OF BEXAR COUNTY;

NO. 714535; HONORABLE BILL WHITE, JUDGE

_______________________________

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

MEMORANDUM OPINION

In the absence of a signed final order
disposing of appellant Kenneth Huth's petition for non-disclosure of
criminal record brought under section 411.081 of the Texas Government
Code, we dismiss his appeal for want of jurisdiction. Tex. Gov't Code Ann.
§ 411.081 (Vernon Supp. 2006).

On May 15, 2007, the trial court
conducted a hearing of appellant's petition for non-disclosure. After
hearing appellant's grounds, the court announced its decision denying the
petition. Appellant then verbally requested findings of fact and
conclusions of law which the court dictated on the record before
concluding the hearing. Appellant filed a notice of appeal on June 14,
2007.

The clerk's record does not contain a
signed order disposing of appellant's petition for non-disclosure. We
notified the parties of this omission by letter dated July 30, 2007, and
abated the case until August 20, 2007. On August 10, 2007, the reporter
filed a reporter's record of the court's May 15, 2007, hearing.
(1) However, the clerk has not certified and filed a
supplemental clerk's record containing a signed order disposing of
appellant's petition for non-disclosure.

"The appellate timetable does not commence to run other than
by a signed, written order, even when the signing of such an order is
purely ministerial." Farmer v. Ben E. Keith Co., 907 S.W.2d 495,
496 (Tex. 1995) (emphasis in original); see Tex. R. App. P. 26.1.
Absent a signed order disposing of appellant's petition, the trial court
retains jurisdiction, preventing attachment of this court's appellate
jurisdiction. See Grant v. American Nat'l Ins. Co., 808 S.W.2d
181, 184 (Tex.App.-Houston [14th Dist.] 1991, no writ). We must therefore
dismiss appellant's appeal.

We dismiss the appeal only because of the absence of a signed order
disposing of appellant's petition. We express no opinion whether an order
denying a petition for non-disclosure is an appealable order. But see
Rado v.State, No. 05-06-00200-CV, 2007 WL 1829648, 2007 Tex. App.
Lexis 4984, (Tex.App.-Dallas June 27, 2007, n.p.h.) (court dismissed
appeal finding no statutory or constitutional basis for exercising its
jurisdiction over appeal from order denying petition for non-disclosure
brought under Tex. Gov't Code Ann. § 411.081).

This appeal is dismissed for want of jurisdiction.

James T. Campbell

Justice

1. According to the reporter's record the hearing of
appellant's petition was June 15, 2007. This appears a typographical error
since the docket sheet and notice of appeal designate May 15, 2007, the
hearing date.