Lawrence Edward Thompson v. Texas Department of Criminal Justice-Institutional Division and James A. Lynaugh

• Court: Court of Appeals of Texas
• Decided: August 17, 1994
• Docket: 03-94-00305-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-94-305-CV

LAWRENCE EDWARD THOMPSON,

APPELLANT

vs.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE-INSTITUTIONAL

DIVISION AND JAMES A. LYNAUGH,

APPELLEES

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. 94-14210, HONORABLE JOSEPH H. HART, JUDGE PRESIDING

PER CURIAM

After the transcript was tendered in this cause, the Clerk of this Court wrote the parties and stated that it appeared that no final judgment existed. The district court's February 22, 1994, order granting James A. Lynaugh's motion to dismiss appeared to be interlocutory because it did not dispose of all parties (i.e., the Texas Department of Criminal Justice--Institutional Division; Carl White; Craig A. Raines; James E. Stewart; Richard L. Jackson, Jr.; and Kerry M. Rasberry, D.O.) and claims (i.e., Thompson's motion to compel and motion for sanctions). See North E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). The Clerk asked the parties (1) to obtain a final judgment from the district court and (2) to request that the district clerk prepare a supplemental transcript containing the appropriate documents demonstrating that the judgment is final. The parties have not complied.

Accordingly, we dismiss the appeal for want of jurisdiction because the appeal is interlocutory. See Tex. R. App. P. 60(a)(2).

Before Justices Powers, Aboussie and Jones

Appeal Dismissed for Want of Jurisdiction

Filed: August 17, 1994

Do Not Publish