Fernando Fernandez and Wife, Deborah M. Fernandez AEE Construction, LLC And Alamo Farmsteads-Babcock Road Neighborhood Association, Incorporated v. City of San Antonio, Texas The San Antonio Planning Commission William D. Jackson and Kitchener Land Development, Ltd.

• Court: Court of Appeals of Texas
• Decided: September 18, 2002
• Docket: 04-02-00373-CV
• Status: Published

Opinion

No. 04-02-00373-CV

Fernando FERNANDEZ, and wife Deborah Fernandez, AEE Construction, L.L.C.,

and Alamo Farmsteads-Babcock Road Neighborhood Association, Inc.,

Appellants v. CITY OF SAN ANTONIO, San Antonio Planning Commission, William D. Jackson

and Kitchener Land Development, Inc.,

Appellees From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CI-14925 Honorable Michael Peden, Judge Presiding ⁽¹⁾

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Alma L. López, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: September 18, 2002

DISMISSED FOR LACK OF JURISDICTION

Appellants appeal two judgments signed on May 7, 2002 and May 8, 2002. It appears, however, that these judgments are interlocutory because they do not dispose of all parties and claims before the trial court, and no severance order appears in the record. An order or judgment is final when it disposes of all claims asserted by and against all parties. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001). Because the above mentioned orders are interlocutory, appellees' motion to dismiss is hereby granted, and this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

DO NOT PUBLISH

1. Although Judge Karen Pozza signed the two summary judgment orders at issue, the Honorable Michael Peden is permanent judge of the 285th District Court.