Sergio Alaniz v. Jesus Maria Alvarez

Opinion

MEMORANDUM OPINION No. 04-12-00081-CV

Sergio ALANIS, Sr., et al., Appellants

v.

Jesus Maria ALVAREZ, et al., Appellees

Ana Lisa GARZA, Intervenor

From the 381st Judicial District Court, Starr County, Texas Trial Court No. DC-00-00328 Honorable Federico Hinojosa, Judge Presiding

PER CURIAM

Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice

Delivered and Filed: April 4, 2012

DISMISSED

Appellants filed notice of appeal on February 9, 2012 indicating their intent to appeal an

interlocutory order granting Intervenor Ana Lisa Garza’s motion for summary judgment. Having

determined that the summary judgment order appeared to be interlocutory, we ordered appellants 04-12-00081-CV

to show cause in writing within fifteen days why this appeal should not be dismissed for lack of

jurisdiction. Appellants did not respond. Intervenor responded, and filed a motion to dismiss the

appeal for want of jurisdiction because the summary judgment order is interlocutory. The record

shows the summary judgment order is interlocutory, as it does not dispose of the appellants’ claims

against the defendants, and there is no severance order in effect. Therefore, we must dismiss this

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

intervenor’s motion to dismiss is GRANTED, and this appeal is dismissed for lack of jurisdiction.

See TEX. R. APP. P. 42.3(a).

-2-