Opinion
No. 04-20-00055-CV
10-22-2020
Donald E. GHIDONI, Appellant v. STONE OAK, INC., Hill Country Water Works Company and Hill Country S.A., LTD. and Nancy Ghidoni-Meehan, Appellees
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 1992-CI-17421
Honorable Antonia Arteaga, Judge Presiding
ORDER
Appellant seeks to appeal the trial court's order denying his motion for summary judgment. This court has jurisdiction to review the denial of a summary judgment motion only when the parties file competing motions for summary judgment, and the trial court grants one motion but denies the other. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex. 2006). The record shows that competing motions for summary judgment were not filed in the trial court. Therefore, this court lacks jurisdiction over this appeal. See Humphreys v. Caldwell, 888 S.W.2d 469, 470 (Tex. 1994) (holding denial of summary judgment is not appealable); see also State Office of Risk Mgmt. v. Martinez, 300 S.W.3d 9, 13 (Tex. App.—San Antonio 2009, pet. denied).
Accordingly, it is ORDERED that appellant show cause within ten (10) days of the date of this order why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines in this appeal are suspended pending further order of the court.
/s/_________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of October, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court