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Baeza v. Zahn

Fourth Court of Appeals San Antonio, Texas
Nov 17, 2014
No. 04-14-00777-CV (Tex. App. Nov. 17, 2014)

Opinion

No. 04-14-00777-CV

11-17-2014

Cynthia BAEZA, Appellant v. Floyd and Helen ZAHN, Appellee


From the 218th Judicial District Court, Atascosa County, Texas
Trial Court No. 13-07-0622-CVA
Honorable Donna S. Rayes, Judge Presiding

ORDER

Appellant seeks to appeal a summary judgment order signed on October 1, 2014. Appellees have filed an objection to appellant's notice of appeal stating that the summary judgment order is interlocutory because it does not dispose of appellees' pending counterclaims, and there is no severance order. Appellees attached a copy of their counterclaim petition filed in the trial court. A summary judgment that does not dispose of all parties and causes of action is not final and appealable. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001).

It is therefore ORDERED that appellant show cause in writing within fifteen (15) days from the date of this order why this appeal should not be dismissed for lack of jurisdiction.

/s/_________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of November, 2014.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Baeza v. Zahn

Fourth Court of Appeals San Antonio, Texas
Nov 17, 2014
No. 04-14-00777-CV (Tex. App. Nov. 17, 2014)
Case details for

Baeza v. Zahn

Case Details

Full title:Cynthia BAEZA, Appellant v. Floyd and Helen ZAHN, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 17, 2014

Citations

No. 04-14-00777-CV (Tex. App. Nov. 17, 2014)