Space Place, L.P. v. Urban Storage, L.P. D/B/A Midtwon Mini Storage D/B/A Midtown Mini Warehouse D/B/A Midtown Self Storage and Midtown Storage, L.L.C.

• Court: Court of Appeals of Texas
• Decided: September 20, 2007
• Docket: 14-07-00457-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 20, 2007

Dismissed and Memorandum Opinion filed September 20, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00457-CV

SPACE PLACE, L.P., Appellant

V.

URBAN STORAGE, L.P. d/b/a MIDTOWN MINI STORAGE d/b/a MIDTOWN MINI WAREHOUSE d/b/a MIDTOWN SELF STORAGE AND MIDTOWN STORAGE, L.L.C., Appellees

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2005-77930A

M E M O R A N D U M   O P I N I O N

This is an appeal from an order granting appellee=s motion for no-evidence summary judgment signed February 23, 2007.  Appellant advised this court that cross-claims between Urban Storage, L.P. and The Jenkins Organization, Inc., who was non-suited by appellant, remained pending in the court below.  On April 7, 2006, the trial court stayed these cross-claims pending arbitration to be commenced on the final resolution of this appeal.  Appellant filed a motion to sever those cross-claims so that the February 23, 2007, summary judgment order would be final and appealable.  The summary judgment being appealed has now been severed into cause number 2006-77930-A.  Appellant filed a new notice of appeal in the severed case, which was assigned to this court and docketed under a new appellate case number, 14-07-00717-CV.  Accordingly, appellant=s appeal of the summary judgment will proceed under the new case number.

This court lacks jurisdiction over the original appeal filed under case number 14-07-00457-CV because there is no final, appealable judgment.  See Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  Moreover, the original notice of appeal has been rendered moot by the filing of a new notice of appeal from the same order in the severed action. 

On August 30, 2007, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before September 10, 2007.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 20, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.