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Martinez v. Texas DCJ

Court of Appeals of Texas, Fourth District, San Antonio
Feb 7, 2007
No. 04-06-00333-CV (Tex. App. Feb. 7, 2007)

Opinion

No. 04-06-00333-CV.

Delivered and Filed: February 7, 2007.

Appealed from the 81st Judicial District Court, Karnes County, Texas Trial Court No. 05-05-00083-CVK Honorable Ron Carr, Judge Presiding.

Sitting: Sandee Bryan Marion, Justice, Phylis J. Speedlin, Justice, Rebecca Simmons, Justice.


MEMORANDUM OPINION


DISMISSED FOR WANT OF JURISDICTION

Appellant Marcelino Martinez filed a notice of appeal on April 24, 2006, challenging the trial court's Order of March 27, 2006, dismissing Martinez's case against some, but not all, the defendants. A judgment that does not dispose of all parties and causes of action is not final and appealable. Houston Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693-94 (Tex. 1986); Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966) (holding that only a final judgment may be appealed and that to be final, a judgment must dispose of all issues and parties in a case). On January 8, 2007, we ordered Martinez to show cause in writing why this appeal should not be dismissed for want of jurisdiction. Martinez responded to our order on January 18, 2007, but failed to provide authority for why this matter should not be dismissed. We, therefore, dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).


Summaries of

Martinez v. Texas DCJ

Court of Appeals of Texas, Fourth District, San Antonio
Feb 7, 2007
No. 04-06-00333-CV (Tex. App. Feb. 7, 2007)
Case details for

Martinez v. Texas DCJ

Case Details

Full title:Marcelino MARTINEZ, Appellant v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, et…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Feb 7, 2007

Citations

No. 04-06-00333-CV (Tex. App. Feb. 7, 2007)