Marcelino Davila, Jr. v. Jireh Produce Sales, Inc.

Court of Appeals of Texas

Marcelino Davila, Jr. v. Jireh Produce Sales, Inc.

DecidedJune 21, 2007

Docket13-06-00480-CV

StatusPublished

This text of Marcelino Davila, Jr. v. Jireh Produce Sales, Inc. (Marcelino Davila, Jr. v. Jireh Produce Sales, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Marcelino Davila, Jr. v. Jireh Produce Sales, Inc., (Tex. Ct. App. 2007).

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Opinion

NUMBER 13-06-480-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

MARCELINO DAVILA, JR., Appellant,

v.

JIREH PRODUCE SALES, INC., Appellee.

___________________________________________________________________

On appeal from County Court at Law No. 1 of Hidalgo County, Texas.

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellant, MARCELINO DAVILA, JR., perfected an appeal from a judgment entered by the County Court at Law No. 1 of Hidalgo County, Texas, in cause number CL-04-622-A. After the record and appellant's brief were filed, appellee filed a motion to dismiss the appeal. In the motion, appellee states that the judgment from which this appeal is taken is interlocutory since it does not dispose of its counterclaim. Appellee requests that the appeal be dismissed for want of jurisdiction. Appellant has filed a response to appellee's motion.

The Court, having considered the documents on file, appellee's motion to dismiss the appeal, and appellant's response, is of the opinion that the motion should be granted. Appellee's motion to dismiss is granted, and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 21st day of June, 2007.

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NUMBER 13-06-480-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

MARCELINO DAVILA, JR., Appellant,

v.

JIREH PRODUCE SALES, INC., Appellee.

___________________________________________________________________

On appeal from County Court at Law No. 1 of Hidalgo County, Texas.

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellant, MARCELINO DAVILA, JR., perfected an appeal from a judgment entered by the County Court at Law No. 1 of Hidalgo County, Texas, in cause number CL-04-622-A. After the record and appellant's brief were filed, appellee filed a motion to dismiss the appeal. In the motion, appellee states that the judgment from which this appeal is taken is interlocutory since it does not dispose of its counterclaim. Appellee requests that the appeal be dismissed for want of jurisdiction. Appellant has filed a response to appellee's motion.

The Court, having considered the documents on file, appellee's motion to dismiss the appeal, and appellant's response, is of the opinion that the motion should be granted. Appellee's motion to dismiss is granted, and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 21st day of June, 2007.

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