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Rainwater v. Weyle

Court of Appeals of Texas, Ninth District, Beaumont
Jul 1, 2004
No. 09-03-541 CV (Tex. App. Jul. 1, 2004)

Opinion

No. 09-03-541 CV

Opinion Delivered July 1, 2004.

On Appeal from the County Court at Law No. 2, Montgomery County, Texas, Trial Cause No. 03-03-02028-CV.

Appeal Dismissed.

Liz Mobley, Mobley Law Firm, Conroe, TX, for appellant.

Carol Weyle, Lakewood, CO, pro se.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


This appeal, which we abated on March 25, 2004, is hereby reinstated. The appellant's motion to continue the abatement is denied.

On February 12, 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. 2004). The order 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.


Summaries of

Rainwater v. Weyle

Court of Appeals of Texas, Ninth District, Beaumont
Jul 1, 2004
No. 09-03-541 CV (Tex. App. Jul. 1, 2004)
Case details for

Rainwater v. Weyle

Case Details

Full title:RANDY RAINWATER, Appellant v. CAROL WEYLE, Appellee

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

Date published: Jul 1, 2004

Citations

No. 09-03-541 CV (Tex. App. Jul. 1, 2004)