Jerry Wanzer v. Jose Garcia

• Court: Court of Appeals of Texas
• Decided: December 10, 2008
• Docket: 04-08-00581-CV
• Status: Published

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-08-00581-CV

Jerry WANZER, Appellant

v.

Jose GARCIA, et al., Appellee

From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 06-11-00140-CVK Honorable Ron Carr, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice

Delivered and Filed: December 10, 2008

DISMISSED FOR LACK OF JURISDICTION

From our preliminary review of the record it appeared the order sought to be appealed is

interlocutory because it does not dispose of all claims and all parties. Thus, we ordered appellant to

show cause in writing no later than November 24, 2008, why this appeal should not be dismissed

for lack of jurisdiction. No response was filed. Based on the record before us, we conclude the order

signed on January 10, 2008, is not a final and appealable order, and we do not have jurisdiction over 04-08-00581-CV

this appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205-06 (Tex. 2001); Wanzer v.

Mendoza, No. 04-05-00505-CV, 2005 WL 2368007, at *1 (Tex. App.—San Antonio Sept. 28, 2005,

no pet.). This appeal is dismissed for lack of jurisdiction. TEX . R. APP . P. 42.3(a).

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