Lagaite v. Doughty

Full title: LUIS S. LAGAITE, JR., Appellant v. DAVID DOUGHTY, ET AL., Appellees

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jan 20, 2005

No. 09-04-458 CV (Tex. App. Jan. 20, 2005)

Opinion

No. 09-04-458 CV

Opinion Delivered January 20, 2005.

On Appeal from the 58th District Court, Jefferson County, Texas, Trial Cause No. a-171323.

Appeal Dismissed.

Luis S. Lagaite, Jr., Pro Se, Beaumont, TX, for Appellant.

Anthony G. Brocato, Jr., Assistant Attorney General, Austin, TX, for Appellee.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

MEMORANDUM OPINION¹

1 Tex.R.App.P. 47.4.

PER CURIAM.

On December 16, 2004, we notified the parties that the order signed by the trial judge did not appear to be a final order. 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 summary judgment order 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). The appeal is dismissed for lack of jurisdiction.