Horizon Wireless, Inc. and Alex Shabih Aslam v. Cricket Communication, Inc., Jorge Vasquez, Donna Casey,Jennifer Lehnen

• Court: Court of Appeals of Texas
• Decided: October 11, 2007
• Docket: 14-07-00672-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 11, 2007

Dismissed and Memorandum Opinion filed October 11, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00672-CV

HORIZON WIRELESS, INC. AND ALEX SHABIH ASLAM, Appellants

V.

CRICKET COMMUNICATION, INC., JORGE VASQUEZ, DONNA CASEY, AND JENNIFER LEHNEN, Appellees

On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 07-00895

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 signed June 18, 2007.  The clerk=s record was filed on September 10, 2007. 

Generally, appeals may be taken only from final judgments.  Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  Interlocutory orders may be appealed only if permitted by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).

The order being appealed granted a motion for summary judgment filed by defendants Cricket Communication, Inc., Donna Casey, Jorge Vasquez and Jennifer Lehnen.  The record does not reflect defendants Leap Wireless Co. and Monica Gleeson filed a motion for summary judgment.  The order being appealed contains no language of finality and does not dispose of appellants= claims against Leap Wireless Co. and Monica Gleeson.  The record does not contain an order severing appellants= claims against  Leap Wireless Co. and Monica Gleeson.  Accordingly, the June 18, 2007, order is not a final judgment.

On September 17, 2007, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before September 28, 2007.  See Tex. R. App. P. 42.3(a).

Appellants= response fails to demonstrate that this court has jurisdiction over the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 11, 2007.

Panel consists of Chief Justice Hedges, Justices Yates and Frost.