James C. Rollings D/B/A Jake's Equipment & Repair v. Big Country Rig & Equipment PAMCO, Inc. Tom Potter, Sr. Tom Potter, Jr. Roy Foster And Patman Brothers Drilling, L.P.

• Court: Court of Appeals of Texas
• Decided: June 13, 2007
• Docket: 04-07-00211-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-07-00211-CV

James C. ROLLINGS d/b/a Jake's Equipment & Repair,

Appellant

v.

BIG COUNTRY RIG & EQUIPMENT;

PAMCO, Inc.; Tom Potter, Sr.; Tom Potter, Jr.;

Roy Foster; and Patman Brothers Drilling, L.P.

Appellees

From the 229th Judicial District Court, Jim Hogg County, Texas

Trial Court No. CC-06-129

Honorable Alex W. Gabert, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: June 13, 2007

DISMISSED FOR LACK OF JURISDICTION

Appellant seeks to appeal several orders signed by the trial court on January 22, 2007, including an order granting intervenor, Patman Brothers Drilling, L.P.'s motion for partial summary judgment. It appeared that the judgment is interlocutory because it does not dispose of appellant's claims against the defendants or any remaining claims by or against the intervenor, and no severance order appears in the record; accordingly, this court ordered appellant to show cause in writing why the appeal should not be dismissed for lack of jurisdiction. An order or judgment is final when it disposes of all claims asserted by and against all parties. Martinez v. Humble Sand & Gravel, Inc., 875 S.W.2d 311, 312 (Tex. 1994); New York Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677, 678-79 (Tex. 1990). No response has been filed. Therefore, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a).