Steven Deem v. TDCJ ID

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-026 CV

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STEVEN DEEM, Appellant

V.

TDCJ-ID, ET AL., Appellees

On Appeal from the 60th District Court

Jefferson County, Texas

Trial Cause No. B-172965

MEMORANDUM OPINION ⁽¹⁾

On March 10, 2005, we notified the parties that the order signed by the trial judge did not appear to be a final order. The appellant filed a response in which he argues we have interlocutory appellate jurisdiction because the order ends the litigation as to three of the defendants. Subject to certain statutory exceptions not applicable in this case, only final judgments are appealable. Tex. Civ. Prac. & Rem. Code Ann. §§ 51.012, 51.014 (Vernon 1997 & Supp. 2005). The order of dismissal did not dispose of all issues and parties and did not contain unmistakable language of finality. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001); Vacca v. Glass, 148 S.W.3d 207 (Tex. App.- Texarkana 2004, pet. denied). The appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered April 28, 2005

Before McKeithen, C.J., Gaultney and Kreger, JJ.

1. Tex. R. App. P. 47.4.