Donald E. Ghidoni v. Stone Oak, Inc., Hill Country Water Works Company and Hill Country S.A., LTD. and Nancy Ghidoni-Meehan

Opinion

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Fourth Court of Appeals San Antonio, Texas October 22, 2020

No. 04-20-00055-CV

Donald E. GHIDONI, Appellant

v.

STONE OAK, INC., Hill Country Water Works Company and Hill Country S.A., LTD. and Nancy Ghidoni-Meehan, Appellees

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 1992-CI-17421 Honorable Antonia Arteaga, Judge Presiding

ORDER Appellant seeks to appeal the trial court’s order denying his motion for summary judgment. This court has jurisdiction to review the denial of a summary judgment motion only when the parties file competing motions for summary judgment, and the trial court grants one motion but denies the other. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex. 2006). The record shows that competing motions for summary judgment were not filed in the trial court. Therefore, this court lacks jurisdiction over this appeal. See Humphreys v. Caldwell, 888 S.W.2d 469, 470 (Tex. 1994) (holding denial of summary judgment is not appealable); see also State Office of Risk Mgmt. v. Martinez, 300 S.W.3d 9, 13 (Tex. App.—San Antonio 2009, pet. denied).

Accordingly, it is ORDERED that appellant show cause within ten (10) days of the date of this order why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines in this appeal are suspended pending further order of the court.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of October, 2020. FILE COPY

___________________________________ MICHAEL A. CRUZ, Clerk of Court