Whittree Properties, Ltd. v. John R. Thompson and Wife, Donna K. Thompson

• Court: Court of Appeals of Texas
• Decided: September 6, 2006
• Docket: 12-06-00270-CV
• Status: Published

Opinion

PER CURIAM HEADING

                NO. 12-06-00270-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

WHITTREE PROPERTIES LTD.,  §          APPEAL FROM THE 294TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

JOHN R. THOMPSON AND WIFE,

DONNA K. THOMPSON,    §          VAN ZANDT COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION

PER CURIAM

            Appellant Whittree Properties Ltd. attempts to appeal a partial summary judgment signed by the trial court on May 11, 2006. 

            A partial summary judgment is interlocutory, but becomes reviewable on appeal after the trial court renders a final judgment that disposes of the whole case.  See Newco Drilling Co. v. Weyand, 960 S.W.2d 654, 656 (Tex. 1998).  Consequently, on August 23, 2006, the Clerk of this Court notified Appellant, pursuant to rule of appellate procedure 37.2, that the information received in this appeal does not include a final judgment or appealable order and therefore does not show the jurisdiction of this Court.  Appellant was further notified that the appeal would be dismissed unless the information filed was amended on or before September 5, 2006 to show our jurisdiction. 

            Appellant responded to our August 23, 2006, stating that it had no objection to dismissal of the appeal.  Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P.  42.3(a).

Opinion delivered September 6, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)