Al McZeal v. Southern Consumers Coop, Inc., People's Enterprises, Inc. and Does A. Thru Z

• Court: Court of Appeals of Texas
• Decided: April 24, 2003
• Docket: 14-03-00019-CV
• Status: Published

Opinion

Dismissed and Opinion filed April 24, 2003

Dismissed and Opinion filed April 24, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00019-CV

AL McZEAL, Appellant

V.

SOUTHERN CONSUMERS COOP, INC., PEOPLE=S ENTERPRISES, INC. and DOES, A THRU Z, Appellees

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 02-35652

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an order granting the special appearances of two appellees signed December 3, 2002. Appellant=s notice of appeal was filed December 31, 2002.  All parties named in the suit were not dismissed or otherwise disposed of in the order granting the special appearances.  Thus, the order is interlocutory.  The notice of appeal is untimely to perfect an interlocutory appeal.  See Tex. R. App. P. 26.1(b).  No motion for extension of time to file the notice of appeal was filed.  See Tex. R. App. P. 26.3; Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.CHouston [14th Dist.] 1998, no pet.). 

On April 1, 2003, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction unless appellant filed a motion on or before April 11, 2003, demonstrating meritorious grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed April 24, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.