OPINION
Opinion by
In this wоrkers’ compensation case, the State Office of Risk Management (“SORM”) attempts to appeal a summary judgment and other orders rendered in favor of Maria L. Berdan. We dismiss the appeal for want of jurisdiction.
I. BACKGROUND
The trial court rendered summary judgment in favor of Berdan on June 8, 2009, and rendered an order granting her statutory reimbursement of her attorney’s fees on August 18, 2009. SORM filed а motion for new trial on September 30, 2009, and a notice of appeal on October 30, 2009.
On November 5, 2009, the Clerk of this Court notified SORM that its motion for new trial and notice of appeal were not timely filed, so that steps could be taken to correct this defect, if it could be done. SORM was advised that the appeal would be dismissed if the defect was not corrеcted within ten days from the date of receipt of this Court’s letter.
SORM filed a response to the Court’s notice through which SORM asserts that it failed to comply with section 410.258 of the Texas Labor Code, which requires it to file any proposed judgment with the workers’ compensation division not later than the thirtieth day before the date on which the court is scheduled to enter the judgmеnt. See TEX. LAB. CODE ANN. § 410.258 (Vernon 2006). SORM argues that its noncompliance with the labor code renders the judgment void, and because there is no final judgment, SORM’s appeal is timely.
II. PRESUMPTION OF REGULARITY
We disagree with SORM’s analysis. SORM’s response to this Court’s directive is neither verified nor supported by affidavit.
See generally
TEX. R. APP. P. 10.2;
see also
TEX. GOVT CODE ANN. § 22.220(c) (Vernon Supp. 2010) (providing
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that an appellate court may on affidavit or otherwise, as the court may determine, ascertain the matters of fact that are necessary to the proper exercise of its jurisdiction). SORM avers that it did not send the division a copy of the proposed judgment until September 29, 2009, and includes copies of the certified mail receipt thereof. However, without a proper verification or affidavits, there is no evidence before this Court supporting these allegations. We are to presume the regularity of judgments, absent controverting matter in the record.
See S. Ins. Co. v. Brewster,
SORM carried the burden to establish why this Court should not apply the presumption regarding the regularity of judgments.
See Brewster,
III. STATUTORY CONSTRUCTION
Our primary objective in construing a statute is to give effect to the Legislature’s intent.
State v. Shumake,
Section 410.258 of the Texas Labor Code, entitled “Notification of Division of Proposed Judgments and Settlements; Right to Intervene,” provides:
(a) The party who initiated a proceeding under this subchapter or subchapter G must file any proposed judgment or settlement made by the parties to the proceeding, including a proposed default judgment, with the division not later than the 30th day before the date on which the court is scheduled to enter the judgment or approve the settlement. The proposed judgment or settlement must be mailed to the division by certified mail, return receipt requested.
(b) The division may intervene in a proceeding under Subsection (a) not later than the 30th day after the date *425 of receipt of the proposed judgment or settlement.
(c) The commissioner shall review the proposed judgment or settlement to determine compliance with all appropriate provisions of the law. If the commissioner determines that the proposal is not in compliance with the law, the division may intervene as a matter of right in the proceeding not later than the 30th day after the date of receipt of the proposed judgment or settlement. The court may limit the extent of the division’s intervention to providing the information described by Subsection (e).
(d) If the division does not intervene before the 31st day after the date of receipt of the proposed judgment or settlement, the court shall enter the judgment or approve the settlement if the court determines that the proposed judgment or settlement is in compliance with all appropriate provisions of the law.
(e) If the division intervenes in the proceeding, the commissioner shall inform the court of each reason the commissioner believes the proposed judgment or settlement is not in compliance with the law. The court shall give full consideration to the information provided by the commissioner before entering a judgment or approving a settlemеnt.
(f) A judgment entered or settlement approved without complying with the requirements of this section is void.
TEX. LABOR CODE ANN. § 410.258. The purpose of this provision in the law is to prevent the use of settlement, agreements and default judgments to overturn appeals panel decisions.
See Ins. Co. of Pa. v. Martinez,
After analyzing the plain language and legislative history оf section 410.258, the Austin and Fort Worth Courts of Appeals have concluded that this section is inapplicable to judgments rendered as a result of adversarial proceedings.
See Clewis v. Safeco Ins. Co.,
[T]he legislature did not intend that the statute apply to judgments entered by the trial court that were not submitted or proposed to the court by agreement of the parties or the result of a default by the defendant. The statute was intended to prevent the parties from colluding to overturn appeals panel decisions. It accomplishes this purpose by requiring submission of judgments “made” by the parties — i.e. judgments proposed to the court by agreement of thе parties rather than judgments entered as a result of adversarial proceed *426 ings. If, however, the statute were to apply to any judgment, a strict reading of the statute would require a trial court to figure out a way to get the party who initiated the action to submit the judgment the court is preparing to enter to the Division for approval thirty days in advance of еntry in every case. This would be true regardless of whether the judgment is the result of noncollusive, adversarial proceedings or the result of an agreement between the parties. If this were the procedure, a party who initiated an action for judicial review of an agency decision could avoid or delay entry of an adverse judgment by refusing, delaying, or othеrwise failing to submit the judgment to the Division. In addition, judgments entered after a failure to appear by the plaintiff or after a failure to prosecute or on the court’s motion on jurisdictional grounds would have to be submitted to the Division before entry even if “the party who initiated the proceeding” is not available or is not interested in making the submission. Section 410.258 does not аddress these types of situations, where the entry of judgment may be appropriate but the judgment has not been proposed or “made” by the parties. Nor does the statute provide a procedure for addressing such situations or specify who is responsible for making the submission to the Division if the “party who initiated the proceeding” is not available or no longer actively involved in the litigation.
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We conclude that section 410.258 does not require the Division to receive advance notice of every judgment in a proceeding initiated under subchapter F or G of the labor code. Instead, we are of the opinion that the statute requires the Division to receive notice of proposed judgments “made by the pаrties” — i.e. without judicial oversight or without fully adversarial proceedings— and settlement agreements made by the parties. This interpretation ensures that the trial court does not sign off on a proposed judgment made or agreed to by the parties before the Division has been notified and given an opportunity to intervene. Additionally, this interpretation does not place impractical procedural burdens on the trial court or permit a party who initiated the proceeding to avoid or delay entry of an adverse judgment by refusing to submit the judgment to the Division. This interpretation also gives meaning to the phrase “made by the parties” that is consistent with the purpose of the statute.
Brooks,
After examining the legislative history of section 410.258, the plain language of the statute, аnd the reasoning of the Austin and Fort Worth Courts of Appeals, we conclude that section 410.258 does not apply to judgments rendered after fully adversarial proceedings but instead applies to judgments proposed by agreement or by default. This construction of the statute avoids the potentially wrongful manipulation of the appellate process, whereby, for instance, a party receiving an adverse *427 judgment, such as SORM in the instant case, could sit on the judgment indefinitely, without paying it and without submitting it to the workers’ compensation division, while waiting for a more favorable development in the law.
In this case, the summary judgment and order granting reimbursement of attorney’s fees were rendered after fully contested proceedings in open court. Accordingly, section 410.258 does not apply to the instant case, and the judgment at issue was not rendered void by noncompliance with these statutory requirements. 2
IV. TIMELINESS OF NOTICE OF APPEAL
We next turn our attention to the timeliness of SORM’s notice of appeal. By amended notice of appeal, SORM attempts to appeal: (1) the order granting defendant’s motion for summаry judgment signed on June 8, 2009; (2) the order granting defendant’s motion for approval of reimbursed attorney’s fees signed on August 18, 2009; (3) the order granting defendant’s motion to enforce the attorney’s fee order, signed on October 23, 2009; (4) the order denying plaintiffs untimely motion to reconsider and, in the alternative, motion for new trial, signed on October 23, 2009; and (5) the order denying plaintiffs motion to stay, signed оn November 3, 2009; and the order denying plaintiffs motion to enter judgment, signed on November 3, 2009.
’ Generally, appeals may be taken only from final judgments.
Lehmann v. Har-Con Carp.,
A. SUMMARY JUDGMENT AND ATTORNEY’S FEE ORDER
SORM attempts to appeal the trial court’s rendition of summary judgment and its order awarding attorney’s fees to Berdan. As stated previously, the trial court rendered summary judgment in favor of Berdan on June 8, 2009, and rendered an order granting her statutory reimbursement of her attorney’s fees on August 18, 2009. SORM filed a motion for new trial on September 30, 2009, and a notice of appeal on October 30, 2009. The summary judgment was interlocutory and did not become final until August 18, 2009, when the trial court granted statutory reimbursement of attorney’s fees.
See Leh
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mann,
B.ORDER GRANTING MOTION TO ENFORCE COURT ORDER
[12-15] SORM further attempts to appeal the trial court’s order of October 23, 2009, granting Berdan’s motion to enforce Berdan’s award of attorney’s fees. Generally, an order made for the purpose of carrying into effect an already-entered judgment is not a final judgment or decree and cannot be appealed as such.
See Wagner v. Warnasch,
C. MOTION TO RECONSIDER AND MOTION FOR NEW TRIAL
SORM further seeks to appeal the trial court’s “Order Denying Plaintiffs ... Untimely Motion to Rеconsider and Motion for New Trial.” The order denying SORM’s motion to reconsider and motion for new trial was not independently ap-pealable so as to start a new timetable for perfecting the appeal.
See, e.g., Digges v. Knowledge Alliance, Inc.,
D. MOTION TO STAY AND MOTION TO ENTER JUDGMENT
SORM also attempts to appeal orders denying its motion to stay and its motion to enter judgment, both of which were
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signed on November 3, 2009. We note that the reporter’s record before the Court on these motions states that the parties stipulated that the underlying case was stayed.
See In re Kellogg Brown & Root, Inc.,
The trial court’s plenary power over this matter expired thirty days after entry of the August 18, 2009 judgment.
See
TEX. R. CIV. P. 329b(d). We are without jurisdiction to grant relief or review the trial court’s actions after the expiration of its plenary power; consequently, we lack jurisdiction over the appeals of these orders.
See Nabejas v. Tex. Dep’t of Pub. Safety,
V. CONCLUSION
Having concluded that we lack jurisdiction over the matters subject to appeal herein, we DISMISS the appeal for lack of jurisdiction.
Notes
. We observe that the bill analysis for section 410.258 of the labor code provides that the statute "prevents the usе of settlement agreements, and judgments based on default or on an agreement of the parties, to overturn Appeals Panel decisions.” See House Comm, on Bus. & Indus. Bill Analysis, Tex. H.B. 3137, 75th Leg., R.S. (1997).
. We have concluded that the requirements of section 4102.58 do not apply to the judgment at issue, and accordingly, the judgment was not rendered void by SORM's failure to comply with these requirements. However, even if we were to conclude otherwise, we disagree with SORM’s allegation that a void order is not final for purposes of appeal. The finality of an order does not depend on its validity: even void orders must be timely appealed.
See Middleton v. Murjf,