Jens Lorenz and John Shavers v. Sunbelt Equipment Marketing, Inc.

• Court: Court of Appeals of Texas
• Decided: May 4, 2011
• Docket: 10-11-00078-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-11-00078-CV

JENS LORENZ AND JOHN SHAVERS, Appellants v.

SUNBELT EQUIPMENT MARKETING, INC., Appellee

From the 272nd District Court Brazos County, Texas Trial Court No. 06-001763-CV-272

MEMORANDUM OPINION

Jens Lorenz and John Shavers attempt to appeal from an order denying their plea

to the jurisdiction. By letter dated March 30, 2011, the Clerk of this Court notified

Lorenz and Shavers that the appeal was subject to dismissal because it appeared the

trial court’s order was not an appealable order. See TEX. CIV. PRAC. & REM. CODE ANN.

§51.014(a)(8) (West 2008) (“A person may appeal from an interlocutory order … that

grants or denies a plea to the jurisdiction by a governmental unit….”) (emphasis added).

Lorenz and Shavers did not appear to be a governmental unit. The Clerk also warned

Lorenz and Shavers that the appeal would be dismissed unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the appeal. See

TEX. R. APP. P. 42.3, 44.3. We have not received a response from Lorenz and Shavers.

Accordingly, this appeal is dismissed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed May 4, 2011 [CV06]

Lorenz v. Sunbelt Equipment Marketing, Inc. Page 2